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U.S. v. MORRIS

Nos. 96-1251, 96-1252.

99 F.3d 476 (1996)

UNITED STATES of America, Appellee, v. Irvin R. MORRIS, Defendant, Appellant. UNITED STATES of America, Appellee, v. Stuart L. SMITH, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided November 6, 1996.

Attorney(s) appearing for the Case

William Maselli, Auburn, ME, for appellant Morris.

Theodore A. Barone, with whom William F. Sullivan, Sullivan and Largey, and Perkins, Smith & Cohen were on brief, for appellant Smith.

F. Mark Terison, Assistant United States Attorney, Boston, MA, with whom Jay P. McCloskey, United States Attorney, and Jonathan A. Toof, Assistant United States Attorney, were on brief, for appellee.

Before SELYA, Circuit Judge, COFFIN and BOWNES, Senior Circuit Judges.

SELYA, Circuit Judge.

These interlocutory appeals question whether the acquittal of appellants Irvin R. Morris and Stuart L. Smith on charges of conspiracy to distribute marijuana bars the government from now prosecuting them on charges of conspiracy to defraud the Internal Revenue Service (IRS). The district court answered this question in the negative. Concluding, as we do, that neither double jeopardy nor collateral estoppel principles preclude continued prosecution...

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