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U.S. v. GRISANTI

Nos. 1047, 1048, Dockets 96-1416(L), 96-1459(XAP).

116 F.3d 984 (1997)

UNITED STATES of America, Appellee-Cross-Appellant, v. Frank GRISANTI, a/k/a "Chickie Botts", Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 30, 1997.

Attorney(s) appearing for the Case

John P. Pieri, Buffalo, NY, for Defendant-Appellant-Cross-Appellee.

Anthony M. Bruce, Assistant United States Attorney, Western District of New York, Buffalo, NY (Patrick H. NeMoyer, United States Attorney, Western District of New York, Buffalo, NY), for Appellee-Cross-Appellant.

Before: WALKER, McLAUGHLIN, Circuit Judges and CHIN, District Judge.

WALKER, Circuit Judge:

Defendant Frank Grisanti appeals from an order of the United States District Court for the Western District of New York (John T. Elfvin, Judge) that denied in part and granted in part Grisanti's motion to dismiss his indictment on the grounds of double jeopardy. The issue on appeal is whether the Double Jeopardy Clause prevents the government from prosecuting a defendant for obstruction of justice where the same conduct was previously...

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