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U.S. v. CALDERONE

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

982 F.2d 42 (1992)

UNITED STATES of America, Appellee, v. Claudio CALDERONE and Domenico Catalano, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided December 10, 1992.

Attorney(s) appearing for the Case

Barry M. Fallick and Bobbi C. Sternheim, Rochman Platzer Fallick Rosmarin & Sternheim, New York City, submitted a letter brief, for defendants-appellants.

Otto G. Obermaier, U.S. Atty., Margaret S. Groban, Andrew C. McCarthy, Asst. U.S. Attys., New York City, submitted a letter brief, for appellee.

David L. Lewis, Lewis & Fiore, New York City, submitted letter briefs, for amicus curiae Giuseppe Fico.

Before: NEWMAN, PRATT, and MINER, Circuit Judges.

JON O. NEWMAN, Circuit Judge:

This interlocutory appeal of an order denying a motion to dismiss an indictment on double jeopardy grounds primarily raises the issue whether acquittal of a far-reaching conspiracy precludes subsequent prosecution for a smaller conspiracy entirely contained within the larger conspiracy. The appeal arises in the aftermath of the Supreme Court's decisions in Grady v. Corbin, 495 U.S. 508, 110 S.Ct...

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