United States v. James M. Gebbie, Midwest Presort Mailing Services, Inc., and James D. Richter

OPINION OF THE COURT

NYGAARD, Circuit Judge.

We are asked to determine whether plea agreements between Appellees and the U.S. Attorneys for the Northern and Southern Districts of Ohio bar the present prosecution. Appellees pleaded guilty to misprision of felony in Ohio, and now the U.S. Attorney for the Western District of Pennsylvania is prosecuting Appellees for the felony that formed the basis of the misprision pleas. The District Court dismissed that count of Appellees’ indictment, holding that it violated the Fifth Amendment’s prohibition against being twice placed in jeopardy, and the…