Legal Opinion
United States v. Phillip Randy Castiglione
Court of Appeals for the Ninth Circuit
Decided May 23, 1989No. 87-1226PublishedCited by 11 opinions
1Opinion of the Court
LEAVY, Circuit Judge:
Phillip Randy Castiglione appeals the district court’s denial of his motion to dismiss Counts Five through Nine of a superseding indictment. Castiglione contends that the Double Jeopardy Clause applies because the original indictment was dismissed with prejudice and Counts Five through Nine of the superseding indictment are identical to certain counts charged in it. The original indictment was still pending when the superseding indictment was returned.
We affirm.
FACTS AND PRIOR PROCEEDINGS
On June 15, 1985, a 121-count indictment was filed against Castiglione, Dadian, and…
2Cases cited13 opinions
- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- Abney v. United StatesSupreme Court of the United States · 1977
- United States v. ScottSupreme Court of the United States · 1978
- United States v. Martin Linen Supply Co.Supreme Court of the United States · 1977
- Richardson v. United StatesSupreme Court of the United States · 1984
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- United States v. Gary Lee SmithCourt of Appeals for the Ninth Circuit · 1990
- United States v. Ronald D. ChickCourt of Appeals for the Ninth Circuit · 1995
- United States v. Mary S. BecerraCourt of Appeals for the Eighth Circuit · 2006
- United States v. Joseph ArpaioCourt of Appeals for the Ninth Circuit · 2020
- United States v. Kenneth M. Comeaux, Edmund M. Reggie, Oscar W. Boswell, IICourt of Appeals for the Fifth Circuit · 1992
6 more not listed; retrieve them via the Exa API.