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U.S. v. PRUSAN

No. 1404, Docket 92-1020.

967 F.2d 57 (1992)

UNITED STATES of America, Appellant, v. Jerry PRUSAN and David Vives, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 12, 1992.

Attorney(s) appearing for the Case

Bruce G. Ohr, Asst. U.S. Atty., S.D.N.Y., New York City (Otto G. Obermaier, U.S. Atty. and Annmarie Levins, Asst. U.S. Atty., S.D.N.Y., of counsel), for appellant.

Joseph Calluori, New York City (Paul W. Bergrin, Pope and Bergrin, Newark, N.J. and Lawrence F. Ruggiero, New York City, of counsel), for defendants-appellees.

Before: MESKILL and NEWMAN, Circuit Judges, and ARCARA, District Judge.

MESKILL, Circuit Judge:

This is an appeal by the government from a decision of the United States District Court for the Southern District of New York, Sand, J., 780 F.Supp. 1431, dismissing one count of an indictment against the defendants on the ground that the Double Jeopardy Clause of the Fifth Amendment barred prosecution of that count. Because the offense charged in that count is not the same offense with which the...

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