Legal Opinion
United States v. Kwang Fu Peng, A/K/A "k.f. Peng,"
Court of Appeals for the Second Circuit
Decided June 26, 1985No. 1262, Docket 85-1054PublishedCited by 47 opinions
1Opinion of the Court
FEINBERG, Chief Judge.
Kwang Fu Peng appeals from an order of the United States District Court for the Southern District of New York, David N. Edelstein, J., denying his motion to dismiss an indictment because it subjected him to double jeopardy. Appellant’s first trial ended in a mistrial, declared sua sponte by Judge Edelstein after the judge disqualified appellant’s counsel from continuing in the case. 602 F.Supp. 298. For reasons stated below, we affirm the order of the district court.
I
Appellant Peng was arrested in July 1984 on a complaint charging him with interstate transportation of…
2Cases cited16 opinions
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- Oregon v. KennedySupreme Court of the United States · 1982
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- Wade v. HunterSupreme Court of the United States · 1949
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3Cited by47 opinions
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