United States v. Joseph Demarco

HATCHETT, Circuit Judge:

This appeal involves double jeopardy and collateral estoppel claims. The district court held that the government could put the appellant to trial, on substantive charges of violating 18 U.S.C. § 2314, even though in an earlier trial, appellant was acquitted of conspiring to violate 18 U.S.C. § 2314. The district court also held that the government could use the same time period as covered in the earlier conspiracy trial, with one condition: that the government not introduce in the substantive offense trial evidence seeking to prove that the appellant conspired to…