United States v. Joseph Phillips

OPINION

ADAMS, Circuit Judge.

This case arises from an order of the District Court for the Eastern District of Pennsylvania denying appellant’s motion to dismiss an indictment on the ground that prosecution would violate appellant’s right under the Fifth Amendment to the Constitution not to be placed twice in jeopardy for the same offense.

Appellant, Joseph Phillips, was indicted on two counts for the sale of stolen motor vehicles transported in interstate commerce, 18 U.S.C. § 2313. At the close of the evidence, Phillips’ motion for judgment of acquittal was granted as to count I, and count II…