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U.S. v. MERLINO

No. 01-4041.

310 F.3d 137 (2002)

UNITED STATES OF AMERICA, v. Joseph MERLINO a/k/a Skinney Joey Joseph Merlino, Appellant

United States Court of Appeals, Third Circuit.

Filed November 8, 2002.

Attorney(s) appearing for the Case

Christopher D. Warren (Argued), Philadelphia, PA, for Appellant.

Christopher J. Christie, United States Attorney, Laura J. Kaplan, Assistant United States Attorney, George S. Leone, Chief, Appeals Division, District of New Jersey, Newark, NJ, Frank J. Marine (Argued), Senior Litigation Counsel, U.S. Department of Justice, Organized Crime & Racketeering Section, Washington, DC, for Appellee.

Before NYGAARD, ROTH and AMBRO, Circuit Judges.

OPINION OF THE COURT

ROTH, Circuit Judge.

Appellant Joseph Merlino has been charged in the District of New Jersey with advancing a racketeering enterprise, the Philadelphia La Cosa Nostra Family, by participating in the murder of Joseph Sodano. Merlino claims that his indictment violates the principle of collateral estoppel embodied in the Double Jeopardy Clause because another jury has already found that he did not participate in Sodano's murder. We conclude...

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