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U.S. v. LOPEZ

No. 02-1609.

356 F.3d 463 (2004)

UNITED STATES of America, Appellee, v. Eleazer LOPEZ, aka "LaChe," Richard Sotero, aka "Richie," aka "Richard Martinez," Alexis Flores, aka "Alex," Jose Martinez, aka "J.J," David Santiago, J.B. Aviles, Clifton A. Jackson, aka "Pooh," Miguel Bobe, aka "Mike," Ricky James Nicholopolous, Defendants, Jesus R. Rivera, Jr., Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: January 29, 2004.

Attorney(s) appearing for the Case

Thomas Duszkiewicz, Assistant United States Attorney, Buffalo, NY, for Appellee (Michael A. Battle, United States Attorney for the Western District of New York, on the brief).

Matthew M. Robinson, Robinson & Brandt, P.S.C., Cincinnati, OH, for Defendant-Appellant (Jeffrey M. Brandt, on the brief).

Before: LEVAL and SACK, Circuit Judges, and KORMAN, District Judge.

PER CURIAM.

Jesus Rivera, Jr. has twice been indicted for conspiracy to possess with the intent to distribute cocaine in the Western District of New York, and has twice pleaded guilty. He appeals from the second conviction on the ground that it violated his right not to be placed twice in jeopardy for the same offense. We agree that the Double Jeopardy Clause was violated and vacate the judgment of conviction.

BACKGROUND

On April 21, 1995, Jesus...

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