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U.S. v. YEAGER

No. 00-4378.

303 F.3d 661 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. John F. YEAGER, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 11, 2002.

Attorney(s) appearing for the Case

John M. DiPuccio (briefed), Office of the U.S. Attorney, Southern District of Ohio, Cincinnati, OH, Marc Osborne (argued and briefed), U.S. Attorney's Office, District of Delaware, Wilmington, DE, for Plaintiff-Appellee.

Martin S. Pinales (briefed), John P. Feldmeier (argued and briefed), Sirkin, Pinales, Mezibov & Schwartz LLP, Cincinnati, OH, for Defendant-Appellant.

Before: SILER, COLE, and CLAY, Circuit Judges.

OPINION

COLE, Circuit Judge.

Defendant John F. Yeager appeals the district court's dismissal without prejudice of his indictment for nine counts of bank fraud under 18 U.S.C. §§ 1344 and 2. On appeal, Yeager contends that the district court erred in not dismissing the indictment with prejudice to preclude his re-indictment on the same bank fraud charges. The government responds by arguing that the dismissal...

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