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U.S. v. MERRIAM

Nos. 96-10052, 96-10059.

108 F.3d 1162 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. James A. MERRIAM, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Harold B. HAYES, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided March 12, 1997.

Attorney(s) appearing for the Case

Alvin H. Goldstein, Jr. and Kelly J. Snowden, Goldstein & Phillips, San Francisco, CA, for defendant-appellant Merriam; Larry Kupers, and Mary McNamara, Assistant Federal Public Defenders, San Francisco, CA, for defendant-appellant Hayes.

Sandra Stern, Wayne T. Lamprey, Assistant United States Attorneys, San Francisco, CA, for plaintiffs-appellees.

Before: REINHARDT and RYMER, Circuit Judges; TANNER, District Judge.

TANNER, District Judge:

James A. Merriam and Harold B. Hayes appeal the denial of their motion to dismiss an indictment charging them with conspiracy to commit and commission of wire fraud and securities fraud. They claim that lifetime bar orders previously issued against them by the SEC equated to punishment and thus precluded their subsequent indictment under the Double Jeopardy Clause. We have jurisdiction over this interlocutory appeal under the collateral order...

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