United States v. Schwartz
Court of Appeals for the Ninth Circuit
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The opinion filed June 18, 1985 (9th Cir., 763 F.2d 1054) is withdrawn.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
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