Legal Opinion
United States v. Lopez
Court of Appeals for the Second Circuit
Decided January 29, 2004No. 02-1609PublishedCited by 11 opinions
1Per curiam
Jesus Rivera, Jr. has twice been indicted for conspiracy to possess with the intent to distribute cocaine in the Western District of New York, and has twice pleaded guilty. He appeals from the second conviction on the ground that it violated his right not to be placed twice in jeopardy for the same offense. We agree that the Double Jeopardy Clause was violated and vacate the judgment of conviction.
BACKGROUND
On April 21, 1995, Jesus Rivera, Jr. was charged in a three-count indictment with conspiring to possess with the intent to distribute and to distribute five kilograms or more of a…
2Cases cited9 opinions
- North Carolina v. PearceSupreme Court of the United States · 1969
- Ohio v. JohnsonSupreme Court of the United States · 1984
- United States v. Benjamin MallahCourt of Appeals for the Second Circuit · 1974
- United States v. Raymond M. KorfantCourt of Appeals for the Second Circuit · 1985
- United States v. Oreste Abbamonte, Joseph Delvecchio, and Guy Anthony Digirolamo, DefendantsCourt of Appeals for the Second Circuit · 1985
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- United States v. Wayne Gaskin, AKA "Atiba," and Al CastleCourt of Appeals for the Second Circuit · 2004
- United States v. Boris Granik, Alexander Iskolsky, and Semyon BumaginCourt of Appeals for the Second Circuit · 2004
- Porter v. CoughlinCourt of Appeals for the Second Circuit · 2005
- United States v. Frank J. Calabrese, Sr., and James MarcelloCourt of Appeals for the Seventh Circuit · 2007
- Savage v. StateCourt of Special Appeals of Maryland · 2013
6 more not listed; retrieve them via the Exa API.