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U.S. v. HEFFNER

Nos. 95-50396, 95-50397.

85 F.3d 435 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Lawrence A. HEFFNER, Defendant, William W. Dean, Jr., Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Lawrence A. HEFFNER, et al., Defendants, and W.W. Dean & Associates, Defendant-Appellant, Lawrence A. Heffner, Defendant.

United States Court of Appeals, Ninth Circuit.

Decided May 28, 1996.

Attorney(s) appearing for the Case

Robert S. Brewer, Jr., Robert Lauchlan, Jr., Knut Johnson, McKenna & Cuneo, San Diego, California, and Michael H. Fish, Nugent & Newnham, San Diego, California, for defendant-appellant William Dean.

Bruce Castetter, Robert F. DePippo, George C. Aguilar, Assistant United States Attorneys, San Diego, California, for plaintiff-appellee.

Before FLOYD R. GIBSON, JOHN T. NOONAN, Jr., and DAVID R. THOMPSON, Circuit Judges.

JOHN T. NOONAN, Jr., Circuit Judge:

William W. Dean, Jr. (Dean) and W.W. Dean Associates (the Dean Partnership) appeal the denial by the district court of their motion to dismiss their criminal indictment on the grounds of double jeopardy and estoppel. We affirm the holding of the district court that a prior civil proceeding by the Resolution Trust Corporation (the RTC) did not constitute a prosecution by the United States and so did not trigger the Double Jeopardy...

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