Legal Opinion

United States v. Schwartz

Court of Appeals for the Ninth Circuit

Decided March 14, 1986No. Nos. 83-1276, 84-1102PublishedCited by 57 opinions

1Opinion of the Court

J. BLAINE ANDERSON, Circuit Judge:

It is ordered that the petition for rehearing is DENIED IN PART and GRANTED IN PART.

The opinion filed June 18, 1985 (9th Cir., 763 F.2d 1054) is withdrawn.

In these consolidated appeals, the United States challenges the district court’s dismissal of a total of fifteen counts, which were originally brought against the defendants under one indictment. We reverse as to the counts involved in Appeal No. 83-1276 and we dismiss Appeal No. 84-1102 because we find it is barred by the Double Jeopardy Clause.

I. BACKGROUND

Defendant Marolda was president of Local 19, the…

2Cases cited26 opinions

  1. Russello v. United StatesSupreme Court of the United States · 1983
  2. United States v. Winston Bryant McConneyCourt of Appeals for the Ninth Circuit · 1984
  3. United States v. ScottSupreme Court of the United States · 1978
  4. United States v. Martin Linen Supply Co.Supreme Court of the United States · 1977
  5. United States v. WilsonSupreme Court of the United States · 1975

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3Cited by57 opinions

  1. United States v. Curtis J. Bernhardt, Michael F. McCarthy Harold T. Okahara, Jr., and Carl J. BernhardtCourt of Appeals for the Ninth Circuit · 1988
  2. United States v. Sonya Evette SingletonCourt of Appeals for the Tenth Circuit · 1998
  3. United States v. RybickiCourt of Appeals for the Second Circuit · 2003
  4. United States v. Stephen J. FlemmiCourt of Appeals for the First Circuit · 2000
  5. United States v. James T. TabaccaCourt of Appeals for the Ninth Circuit · 1991

52 more not listed; retrieve them via the Exa API.

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