U.S. v. HUDSON

No. 95-6030.

92 F.3d 1026 (1996)

UNITED STATES of America, Plaintiff-Appellant, v. John HUDSON; Larry Baresel; Jack B. Rackley, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

August 8, 1996.


Attorney(s) appearing for the Case

Joseph Douglas Wilson, Criminal Division, Department of Justice, Washington, D.C., (Patrick M. Ryan and Timothy W. Ogilvie, U.S. Attorneys Office, Oklahoma City, Oklahoma, with him on the briefs), for Plaintiff-Appellant.

B.J. Rothbaum Jr., Linn & Neville, Oklahoma City, Oklahoma (Drew Neville, Linn & Neville, Oklahoma City, Oklahoma; Lynn A. Pringle and Stephen W. Elliott, Oklahoma City, Oklahoma; James A. Rolfe, Dallas, Texas; C. Merle Gile, Oklahoma City, Oklahoma, with him on the briefs) for Defendants-Appellees.

Before TACHA, LOGAN and REAVLEY, Circuit Judges.


REAVLEY, Circuit Judge.

The United States appeals the dismissal on double jeopardy grounds of its criminal indictment against John Hudson, Larry Baresel, and Jack B. Rackley ("defendants" or "appellees"). Prior to being indicted the defendants had been fined by the Office of the Comptroller of the Currency ("OCC"). The defendants moved to dismiss the indictment for violating the "multiple punishments" prong of the Double Jeopardy Clause.1

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