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U.S. v. AHMED

No. 147, Docket 92-1225.

980 F.2d 161 (1992)

UNITED STATES of America, Appellee, v. Yahya M. AHMED, also known as Yaha M. Ahmed, also known as Ahmed M. Yahya, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided November 25, 1992.

Attorney(s) appearing for the Case

Samuel A. Abady, New York City (Henry L. Saurborn, Jr., Kurzman Karelsen & Frank, of counsel), for appellant.

Celeste L. Koeleveld, Asst. U.S. Atty., S.D. New York, New York City (Otto G. Obermaier, U.S. Atty., Paul G. Gardephe, Asst. U.S. Atty., S.D. New York, of counsel), for appellee.

Before: MESKILL, Chief Judge, LUMBARD and CARDAMONE, Circuit Judges.

MESKILL, Chief Judge:

Yahya M. Ahmed appeals from the denial of a motion to dismiss his indictment on double jeopardy grounds in the United States District Court for the Southern District of New York, Edelstein, J. We must decide whether evidence of a failure to appear in court, introduced to show consciousness of guilt in a narcotics trial, bars a later prosecution for bail jumping. We answer this question in the negative.

Ahmed also appeals from Judge...

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