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U.S. v. ROMERO

No. 1603, Docket 92-1153.

967 F.2d 63 (1992)

UNITED STATES of America, Appellee, v. Eugene ROMERO, also known as Mike Mellon, also known as Eugene Prince, also known as Fred, Defendant-Appellant, Stephanie Romero, Sharece Walker, Ronald Carter, also known as Ronald McKissick, also known as Justice, and Randall Cannon, also known as Randy, Defendants.

United States Court of Appeals, Second Circuit.

Decided June 12, 1992.

Attorney(s) appearing for the Case

Lawrence A. Vogelman, Cardozo Crim. Law Clinic, New York City (Barry C. Scheck, Ellen Yaroshefsky, Michele A. Margolin, and Marianne Paoli, of counsel), for defendant-appellant.

Deborah Landis, 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 appellee.

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

MESKILL, Circuit Judge:

This is an expedited appeal from a decision of the United States District Court for the Southern District of New York, Patterson, J., 786 F.Supp. 1173, denying appellant's motion to dismiss certain counts of a criminal indictment as barred by the Double Jeopardy Clause of the Fifth Amendment and by a prior plea agreement between appellant and federal prosecutors. Because the indictment does not constitute...

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