United States v. Markus

OPINION

SAROKIN, District Judge.

Defendant seeks to dismiss this action on double jeopardy and collateral estoppel grounds. An earlier indictment against defendant was dismissed by the court on jurisdictional grounds. Had defendant’s motion in the earlier case been made prior to trial, no claim of double *738jeopardy could now arise. However, defendant intentionally awaited the impanelling of a jury before making his motion, for the very purpose of barring any later trial predicated upon a corrected indictment.

Although it is not necessary to develop a ;per se rule for the purpose of deciding this…