United States v. Szpyt

TORRUELLA, Circuit Judge.

Appellant, the United States, appeals the district court’s order dismissing an indictment against Appellees Richard Szpyt and Ramón Dellosantos (collectively, “Appellees” or “Defendants”) as a violation of the Fifth Amendment’s Double Jeopardy Clause. Specifically, the United States contends that the current indictment alleges a factually distinct and separate conspiracy from an earlier, related indictment and conviction which this court vacated due to a material variance. Appellees, meanwhile, contend that the dismissal was proper because their first convictions were…