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U.S. v. CATTON

No. 96-3984.

130 F.3d 805 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. James CATTON, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided December 9, 1997.

Attorney(s) appearing for the Case

Bradley W. Murphy (argued), Office of the U.S. Atty., Peoria, IL, for Plaintiff-Appellee.

Richard H. Parsons (argued), Daniel G. O'Day, Thomas W. Patton, Office of the Federal Public Defender, Springfield, IL, for Defendant-Appellant.

Before POSNER, Chief Judge, and ROVNER and DIANE P. WOOD, Circuit Judges.

POSNER, Chief Judge.

After we reversed Catton's false-claim conviction (18 U.S.C. § 287) because of trial errors and remanded for a new trial, 89 F.3d 387 (7th Cir.1996), he moved to dismiss the case on the ground that retrial would violate the Fifth Amendment's double jeopardy clause. He appeals from the denial of his motion, arguing that the prosecutor suborned perjury, and concealed exculpatory evidence, in order to stave...

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