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U.S. v. CALDERONE

Nos. 1200, 1289, Dockets 90-1122, 90-1123.

917 F.2d 717 (1990)

UNITED STATES of America, Appellee, v. Claudio CALDERONE, and Domenico Catalano, a/k/a "Micu", Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided October 24, 1990.

Attorney(s) appearing for the Case

Barry M. Fallick (Rochman Platzer Fallick & Rosmarin, New York City, of counsel), for defendant-appellant Calderone.

Bobbi C. Sternheim, New York City, for defendant-appellant Catalano.

Margaret S. Groban, Asst. U.S. Atty. for the S.D. of N.Y. (Otto G. Obermaier, U.S. Atty. for the S.D. of N.Y., Kerri Martin Bartlett, Asst. U.S. Atty., New York City, of counsel), for appellee.

Before NEWMAN, PRATT and MINER, Circuit Judges.

GEORGE C. PRATT, Circuit Judge:

Claudio Calderone and Domenico Catalano appeal on double jeopardy grounds from an order of the United States District Court for the Southern District of New York, Robert J. Ward, Judge, denying their motions to dismiss Indictment 89 Cr. 786 (RJW), which charges them with conspiracy to distribute heroin, use of a telephone to facilitate narcotics crimes, and possession of heroin with intent to distribute it. In a previous prosecution...

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