United States v. Walter Esposito

OPINION OF THE COURT

NYGAARD, Circuit Judge.

Walter Esposito appeals his conviction of narcotics offenses under 21 USC § 841(a)(1). The sole issue on appeal is: Because the government listed certain substantive drug offenses as predicate acts in Esposito’s earlier RICO trial in which a jury acquitted him, does the second indictment for offenses based on the same drug transactions that supported the RICO predicate acts constitute a vindictive prosecution which deprives Esposito of his due process rights under the Fifth Amend ment? The district court held that it did not. We will affirm.

I

In 1985,…