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U.S. v. OHAYON

No. 05-17045.

483 F.3d 1281 (2007)

UNITED STATES of America, Plaintiff-Appellant Cross-Appellee, v. Binyamin OHAYON, Defendant-Appellee Cross-Appellant.

United States Court of Appeals, Eleventh Circuit.

April 12, 2007.

Attorney(s) appearing for the Case

John Lovell, Amy Levin Weil, U.S. Atty., Gary Scott Hulsey, Atlanta, GA, for U.S.

Michael J. Trost (Court-Appointed), Atlanta, GA, Janice Kristin Jenkins (Court-Appointed), Roswell, GA, for Ohayon.

Before BIRCH and PRYOR, Circuit Judges, and NANGLE, District Judge.

PRYOR, Circuit Judge:

This appeal by the United States involves the application of collateral estoppel to a partial verdict, which is an issue that has divided not only our sister circuits but panels of our circuit as well. The question presented is whether an acquittal on a charge of an attempted drug offense requires, under the Double Jeopardy Clause of the Fifth Amendment, the dismissal of a charge of a drug conspiracy on which the jury was unable to reach a verdict...

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