United States v. Thomas A. Larkin

ON PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC

(Opinion November 5, 1979, 5 Cir., 1979, 605 F.2d 1360).

Before THORNBERRY, GOLDBERG and GEE, Circuit Judges. GOLDBERG, Circuit Judge.

The appellant’s petition for rehearing is denied. The appellee’s petition for rehearing is granted.

In our initial opinion, reported at 605 F.2d 1360, we held that Larkin could not be retried under count one for conspiring to embezzle union funds and falsify union records because his acquittal under counts two through seven precluded such a retrial. Rather belatedly, the Government has deigned to inform…