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U.S. v. GOTTI

Docket No. 05-6872-CR.

451 F.3d 133 (2006)

UNITED STATES of America, Appellee, v. John A. GOTTI, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: May 25, 2006.

Attorney(s) appearing for the Case

Marc Fernich, Law Office of Marc Fernich (Debra A. Karlstein, Law Office of Debra A. Karlstein, New York, NY, on the brief), New York, NY, for Defendant-Appellant.

Michael G. McGovern, Assistant United States Attorney for the Southern District of New York (Peter G. Neiman, Assistant United States Attorney, of counsel; Michael J. Garcia, United States Attorney, on the brief), New York, NY, for Appellee.

Before WALKER, Chief Judge, LEVAL, SOTOMAYOR, Circuit Judges.

LEVAL, Circuit Judge.

Defendant John A. Gotti ("Gotti") brings interlocutory appeal from an order of the United States District Court for the Southern District of New York (Shira A. Scheindlin, J.), denying his post-trial application to bar retrial of Counts One and Two, which allege violation of the Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. § 1962. See United States v. Gotti, 413 F.Supp.2d 287

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