Legal Opinion
United States v. Bennett
Court of Appeals for the Eighth Circuit
Decided January 4, 1995No. Nos. 93-3958, 93-3959, 93-3984 and 93-3988PublishedCited by 71 opinions
1Opinion of the Court
WOLLMAN, Circuit Judge.
This is an interlocutory appeal from an order of the district court1 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 the charges on which appellants were previously indicted, and we therefore affirm the judgment.
I
On April 21, 1989, appellants Noble Bennett, Delores Bennett, George Dixon, Darryl Gillespie, and thirty-one others were indicted and charged with…
2Cases cited61 opinions
- Blockburger v. United StatesSupreme Court of the United States · 1931
- North Carolina v. PearceSupreme Court of the United States · 1969
- Brown v. OhioSupreme Court of the United States · 1977
- Abney v. United StatesSupreme Court of the United States · 1977
- United States v. DixonSupreme Court of the United States · 1993
56 more not listed; retrieve them via the Exa API.
3Cited by71 opinions
- United States v. DardenCourt of Appeals for the Eighth Circuit · 1995
- Paul Handeen v. Gregory A. Lemaire Henry Lemaire Patricia Lemaire, Orlins & Brainerd Law Firm Richard K. Brainerd Peter I. OrlinsCourt of Appeals for the Eighth Circuit · 1997
- United States v. FernandezCourt of Appeals for the Ninth Circuit · 2004
- United States v. Gregory Charles Ervasti, United States of America v. Deniene "Dee" ErvastiCourt of Appeals for the Eighth Circuit · 2000
- United States v. Reynaldo F. AlverezCourt of Appeals for the Eighth Circuit · 2000
66 more not listed; retrieve them via the Exa API.