Legal Opinion

United States v. Bank

District Court, E.D. Virginia

Decided May 8, 2019No. Criminal No. 2:17cr126PublishedCited by 1 opinion

1Opinion of the Court

Mark S. Davis, CHIEF UNITED STATES DISTRICT JUDGE

*453This matter is before the Court on Defendant Daryl G. Bank's ("Defendant" or "Bank") Motion to Dismiss for Double Jeopardy Violation. Def.'s Mot., ECF No. 139. Defendant moves to dismiss the pending indictment against him in light of the United States Supreme Court's decision in Kokesh v. SEC, --- U.S. ----, 137 S. Ct. 1635, 198 L.Ed.2d 86 (2017). Id. For the reasons explained below, Defendant's motion to dismiss is DENIED.

I. FACTUAL AND PROCEDURAL BACKGROUND

In the second superseding indictment issued by a Grand Jury of this Court on May 25,…

2Cases cited39 opinions

  1. Johnson v. ZerbstSupreme Court of the United States · 1938
  2. Ernst & Ernst v. HochfelderSupreme Court of the United States · 1976
  3. United States v. DixonSupreme Court of the United States · 1993
  4. Kennedy v. Mendoza-MartinezSupreme Court of the United States · 1963
  5. Hudson v. United StatesSupreme Court of the United States · 1997

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3Cited by1 opinion

  1. United States v. Daryl BankCourt of Appeals for the Fourth Circuit · 2020

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