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U.S. v. ALEGRIA

No. 1835, Docket 92-1157.

980 F.2d 830 (1992)

UNITED STATES of America, Appellee, v. Mario ALEGRIA; Victor Pena; Rafael Mercedes; George Espinal, Defendants, Alan Raphael, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided November 19, 1992.

Attorney(s) appearing for the Case

John R. Wing, New York City (Harris J. Yale, Weil, Gotshal & Manges, of counsel), for defendant-appellant.

Randall W. Bodner, Asst. U.S. Atty., New York City (Otto G. Obermaier, U.S. Atty., S.D.N.Y., Andrew C. McCarthy, Asst. U.S. Atty.), for appellee.

Before: WINTER and MINER, Circuit Judges.

MINER, Circuit Judge:

Defendant-appellant Alan Raphael appeals from an order entered on March 5, 1992 in the United States District Court for the Southern District of New York (Sweet, J.) denying his motion to dismiss, on double jeopardy grounds, the second superseding indictment naming him as a defendant in this case. 786 F.Supp. 355. The indictment charges Raphael with two counts of wire fraud, in violation of 18 U.S...

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