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U.S. v. CALABRESE

Nos. 07-1962, 07-1969.

490 F.3d 575 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Frank J. CALABRESE, Sr., and James Marcello, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided June 12, 2007.

Attorney(s) appearing for the Case

Mitchell A. Mars (argued), Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee.

Joseph R. Lopez (argued), Michael W. Martin, Chicago, IL, for Defendants-Appellants.

Before POSNER, WOOD, and SYKES, Circuit Judges.

POSNER, Circuit Judge.

Two defendants in a pending RICO prosecution for conspiracy to conduct an enterprise's affairs through a pattern of racketeering activity, 18 U.S.C. § 1962(d), appeal from the denial of their motion to dismiss the indictment. They contend that the trial, scheduled to begin on June 19, will place them in double jeopardy.

Marcello's claim is based on a 1992 indictment charging him and eight...

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