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Legal Opinion

United States v. Carl Wesley Thomas, United States of America v. Carl Angelo Deluna, United States of America v. Anthony Chiavola, Sr.

Court of Appeals for the Eighth Circuit

Decided May 30, 1985No. 84-2285, 84-2286, 84-2287PublishedCited by 81 opinions

1Opinion of the Court

ARNOLD, Circuit Judge.

This is an interlocutory appeal from the order of the District Court 1 denying defendants’ motion to dismiss an indictment returned against them. Appellants argue that the indictment is barred by the Double Jeopardy Clause of the Fifth Amendment. We hold that the charges alleged in the indictment are not the “same offence” as charges on which defendants had previously been tried, and therefore affirm the judgment.

I

From May 25, 1978, through 1980, the Federal Bureau of Investigation conducted a series of electronic surveillances to investigate hidden interests by…

2Cases cited13 opinions

  1. Blockburger v. United StatesSupreme Court of the United States · 1931
  2. Ashe v. SwensonSupreme Court of the United States · 1970
  3. Braverman v. United StatesSupreme Court of the United States · 1942
  4. United States v. BorelliCourt of Appeals for the Second Circuit · 1964
  5. United States v. Thomas James SinitoCourt of Appeals for the Sixth Circuit · 1984

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3Cited by81 opinions

  1. United States v. DeLunaCourt of Appeals for the Eighth Circuit · 1985
  2. United States v. Shukri BakerCourt of Appeals for the Fifth Circuit · 2011
  3. United States v. Garcia-RosaCourt of Appeals for the First Circuit · 1989
  4. United States v. MacDougallCourt of Appeals for the Fourth Circuit · 1986
  5. United States v. Jack Eugene Harrison, United States of America v. Gary Don JeterCourt of Appeals for the Fifth Circuit · 1990

76 more not listed; retrieve them via the Exa API.

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