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U.S. v. CRUCE

No. 92-1843.

21 F.3d 70 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. James R. CRUCE and Thomas A. Burger, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

May 3, 1994.

Attorney(s) appearing for the Case

Bruce C. Houdek, James, Millert, Houdek & Tyrl, Kansas City, MO, for Cruce.

Paul D. Stickney, Asst. Federal Public Defender, Ira Kirkendoll, Federal Public Defender, Dallas, TX, for Burger.

Robert W. Blair, Atty., U.S. Dept. of Justice, Dallas, TX, for appellee.

Before GOLDBERG, JOLLY, and BARKSDALE, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

Cruce and Burger face a criminal prosecution, which they seek to bar on grounds of double jeopardy. They have been previously convicted and sentenced in Kansas for a bank-fraud conspiracy involving a savings and loan. They now stand indicted in Texas for a bank-fraud conspiracy affecting the same institution. They contend that the Texas prosecution is barred by the Double Jeopardy Clause because the conduct that now constitutes the basis...

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