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U.S. v. HEBEKA

No. 95-3040.

89 F.3d 279 (1996)

UNITED STATES of America, Plaintiff-Appellant, v. Michael K. HEBEKA, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided July 16, 1996.

Attorney(s) appearing for the Case

David O. Bauer, Asst. U.S. Atty., Office of the U.S. Attorney, Western Division, Toledo, OH, Richard A. Friedman (argued and briefed), U.S. Dept. of Justice, Criminal Division, Appellate Section, Washington, DC, for U.S.

Norman G. Zemmelman (argued and briefed), Britz & Zemmelman, Toledo, OH, for Michael K. Hebeka.

Before: BOGGS and DAUGHTREY, Circuit Judges; McKEAGUE, District Judge.

DAUGHTREY, Circuit Judge.

This case is before the court on appeal for the second time. The defendant, Michael Hebeka, was originally charged and convicted under a three-count indictment with food-stamp fraud. See United States v. Hebeka, 796 F.Supp. 268 (N.D.Ohio 1992)(Hebeka I). On the initial appeal, we determined that conviction under both Counts 1 and 2 of the indictment violated the Double Jeopardy Clause and...

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