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U.S. v. HAM

No. 94-5507.

58 F.3d 78 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Keith Gordon HAM, a/k/a Kirtanananda, a/k/a K. Swami, a/k/a Kirtanananda Swami Bhaktipada, a/k/a Srila Bhaktipada, a/k/a Number One, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided June 20, 1995.

Attorney(s) appearing for the Case

ARGUED: Nathan Z. Dershowitz, Dershowitz & Eiger, P.C., New York City, for appellant. Michael D. Stein, Asst. U.S. Atty., U.S. Dept. of Justice, Washington, DC, for appellee. ON BRIEF: Amy Adelson, Dershowitz & Eiger, P.C., New York City, for appellant. William D. Wilmoth, U.S. Atty. and Nina Goodman, U.S. Dept. of Justice, Washington, DC, for appellee.

Before RUSSELL, WIDENER, and HALL, Circuit Judges.

Affirmed by published opinion. Judge RUSSELL wrote the opinion, in which Judge WIDENER and Judge HALL joined.

OPINION

DONALD RUSSELL, Circuit Judge:

This appeal raises the issue of whether the Double Jeopardy Clause bars retrial of the forfeiture count of a RICO indictment where the district court, at the original trial, failed to instruct the jury to consider a required issue and enter a special verdict pursuant to Rule 31(e) of the Federal Rules...

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