United States v. Jay Sarno

BARNES, Senior Circuit Judge:

The issue on this appeal is whether defendant Jay Sarno (“Sarno”), who was acquitted of bribing agents of the Internal Revenue Service (“IRS”) by the trial judge following the jury’s inability to reach a verdict, is entitled, on the basis of double jeopardy and collateral estoppel, to the dismissal by the same trial judge of a subsequent perjury indictment which alleged that the defendant had testified falsely at the prior trial.

I. FACTS

Sarno was initially indicted along with Stanley Mallín (“Mallín”) and Leo Crutch-field (“Crutchfield”) 1 on charges of bribing a…