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U.S. v. GARSKE

No. 18-1873.

939 F.3d 321 (2019)

UNITED STATES of America, Appellant, v. Charles W. GARSKE, a/k/a Chuck Garske; Richard J. Gottcent; Michael Sedlak, Defendants, Appellees.

United States Court of Appeals, First Circuit.

September 20, 2019.

Attorney(s) appearing for the Case

Cynthia A. Young , Assistant United States Attorney, with whom Andrew E. Lelling , United States Attorney, was on brief, for appellant.

David Spears , with whom Josiah Pertz , Spears & Imes LLP, Justine Harris , Michael Gibaldi , Sher Tremonte LLP, William J. Cintolo , Meredith Fierro , and Cosgrove, Eisenberg & Kiley, PC were on joint brief, for appellees.

Before Thompson, Selya, and Barron, Circuit Judges.

This appeal requires us to address a novel question implicating the Double Jeopardy Clause. See U.S. Const. amend. V. Concluding, as we do, that the district court erred in holding that the defendants were insulated from a retrial by double jeopardy principles...

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