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U.S. v. DIONISIO

Docket No. 06-0908-cr.

503 F.3d 78 (2007)

UNITED STATES of America, Appellee, v. Dominick DIONISIO, a.k.a. Black Dom, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: September 17, 2007.

Attorney(s) appearing for the Case

Thomas J. Seigel, Assistant United States Attorney, for Roslynn R. Mauskopf, United States Attorney for the Eastern District of New York (David C. James, Assistant United States Attorney, on the brief), for Appellee.

Diarmuid White, White & White, Port Washington, N.Y. (Brendan White & James Froccaro, on the brief), for Defendant-Appellant.

Before: CALABRESI, WESLEY, Circuit Judges, OBERDORFER, District Judge.

CALABRESI, Circuit Judge:

Defendant Dominick Dionisio appeals the district court's denial of his motion to dismiss a racketeering conspiracy charge that he claims is prohibited by the Double Jeopardy Clause. Dionisio contends that the protections of the Double Jeopardy Clause were triggered when, pursuant to a plea agreement, the court previously dismissed with prejudice another racketeering conspiracy charge against him that was allegedly based on the same offense...

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