Legal Opinion
United States of America, Cross-Appellee v. Binyamin Ohayon
Court of Appeals for the Eleventh Circuit
Decided April 12, 2007No. 05-17045PublishedCited by 39 opinions
1Opinion of the Court
PRYOR, Circuit Judge:
This appeal by the United States involves the application of collateral estoppel to a partial verdict, which is an issue that has divided not only our sister circuits but panels of our circuit as well. The question presented is whether an acquittal on a charge of an attempted drug offense requires, under the Double Jeopardy Clause of the Fifth Amendment, the dismissal of a charge of a drug conspiracy on which the jury was unable to reach a verdict. Binya-min Ohayon was tried on charges of conspiracy to possess with intent to distribute and attempt to possess with intent…
2Cases cited29 opinions
- Ashe v. SwensonSupreme Court of the United States · 1970
- Pinkerton v. United StatesSupreme Court of the United States · 1946
- United States v. PowellSupreme Court of the United States · 1984
- Dowling v. United StatesSupreme Court of the United States · 1990
- Sealfon v. United StatesSupreme Court of the United States · 1948
24 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Andrew Pretka v. Kolter City Plaza II, Inc.Court of Appeals for the Eleventh Circuit · 2010
- Yeager v. United StatesSupreme Court of the United States · 2009
- United States v. Shukri BakerCourt of Appeals for the Fifth Circuit · 2011
- Owen v. Secretary for the Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2009
- United States v. ValladaresCourt of Appeals for the Eleventh Circuit · 2008
34 more not listed; retrieve them via the Exa API.