Legal Opinion

United States v. Roman Hernandez

District Court, D. Puerto Rico

Decided April 21, 1994No. Crim. 94-002(HL)PublishedCited by 3 opinions

1Opinion of the Court

OPINION AND ORDER

LAFFITTE, District Judge.

Before the Court is Defendant Luis Raúl Rivera-Gómez’ (“Rivera”) motion to dismiss counts four, five and six of the indictment on double jeopardy grounds and the government’s opposition thereto. Defendant Jose L. Roman Hernandez (“Roman”) has joined in Rivera’s motion to dismiss. For the reasons set forth below, the Court denies the motion to dismiss and holds that the indictment in its present form does not violate the protections afforded by the double jeopardy clause. 1

FACTUAL BACKGROUND

This case arose out of three separate armed carjackings. On…

2Cases cited14 opinions

  1. Blockburger v. United StatesSupreme Court of the United States · 1931
  2. North Carolina v. PearceSupreme Court of the United States · 1969
  3. Missouri v. HunterSupreme Court of the United States · 1983
  4. Whalen v. United StatesSupreme Court of the United States · 1980
  5. Albernaz v. United StatesSupreme Court of the United States · 1981

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3Cited by3 opinions

  1. United States v. RodriguezDistrict Court, D. Puerto Rico · 1994
  2. United States v. TorresDistrict Court, D. Puerto Rico · 1994
  3. United States v. StokesDistrict Court, D. New Jersey · 1994

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