Legal Opinion

United States v. Gardner

District Court, D. Maryland

Decided March 2, 2006No. CRIM. AMD 04-0029PublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM OPINION and ORDER

ANDRE M. DAVIS, District Judge.

Defendant Shawn Gardner is charged with numerous offenses stemming from his alleged involvement in a criminal racketeering enterprise. See Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. §§ 1961, et seq. Now before the court are two motions. First, Gardner moves to dismiss Counts 7 and 9 of the second superseding indictment for being multiplicitous in violation of the Double Jeopardy Clause of the Fifth Amendment. Second, the attorneys for Gardner, Adam Kurland, Esq., and Barry Coburn, Esq., move to withdraw from their…

2Cases cited44 opinions

  1. Blockburger v. United StatesSupreme Court of the United States · 1931
  2. Brown v. OhioSupreme Court of the United States · 1977
  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 by2 opinions

  1. United States v. BascianoCourt of Appeals for the Second Circuit · 2010
  2. Dixon v. CommonwealthKentucky Supreme Court · 2008

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