United States v. James Catton

POSNER, Chief Judge.

After we reversed Catton’s false-claim conviction (18 U.S.C. § 287) because of trial errors and remanded for a new trial, 89 F.3d 387 (7th Cir.1996), he moved to dismiss the case on the ground that retrial would violate the Fifth Amendment’s double jeopardy clause. He appeals from the denial of his motion, arguing that the prosecutor suborned perjury, and concealed exculpatory evidence, in order to stave off a looming acquittal. Citing Oregon v. Kennedy, 456 U.S. 667, 102 S.Ct. 2083, 72 L.Ed.2d 416 (1982), and United States v. Wallach, 979 F.2d 912, 916 (2d Cir.1992), he…