United States v. Domenic Nicholas Disilvio

OPINION OF THE COURT

Before ADAMS, ROSENN and HUNTER, Circuit Judges. JAMES HUNTER, III, Circuit Judge:

■ In this case, we must decide whether the double jeopardy clause bars the federal government from prosecuting appellant, Domenic DiSilvio, on a second indictment. The initial indictment was dismissed on defendant’s motion after the jury had been impanelled and after evidence had been offered by the prosecution. We conclude that the double jeopardy clause does not bar a second trial. Accordingly, we affirm the district court’s denial of appellant’s motion to dismiss the second indictment.

I

Appe…