United States v. Antonio Olmeda

REENA RAGGI, Circuit Judge.

Defendant Antonio Olmeda appeals from an order of the United States District Court for the Southern District of New York (Lawrence M. McKenna, Judge) denying his pre-trial motion to dismiss a one-count indictment charging him with unlawful possession of ammunition in Manhattan in June 2002 in violation of 18 U.S.C. § 922(g) (“Southern District indictment”). Olmeda contends that the Southern District indictment is barred by the Double Jeopardy Clause, see U.S. Const., amend. Y, because the conduct alleged therein was subsumed within an earlier indictment charging him…