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U.S. v. GARCIA

Nos. 1358, 1359, Dockets 91-1004, 91-1005.

938 F.2d 12 (1991)

UNITED STATES of America, Appellee, v. Robert GARCIA, Jane Lee Garcia and Ralph Vallone, Jr., Defendants, Robert Garcia and Jane Lee Garcia, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided June 28, 1991.

Attorney(s) appearing for the Case

Barry A. Bohrer, New York City (Morvillo, Abramowitz & Grand, Joel M. Cohen, Fischetti & Russo, of counsel), for defendants-appellants.

Michele Hirshman, New York City, Asst. U.S. Atty. for the Southern District of New York (Roger S. Hayes, Acting U.S. Atty. for the Southern District of New York, Helen Gredd, Asst. U.S. Atty., of counsel), for appellee.

Before TIMBERS, MESKILL and PRATT, Circuit Judges.

PRATT, Circuit Judge:

Defendants Robert and Jane Garcia appeal from an order of the United States District Court for the Southern District Court of New York, Leonard B. Sand, Judge, denying their motion, made on double jeopardy grounds, to bar their retrial and to dismiss the remaining counts of their indictment. For the reasons that follow, we affirm.

BACKGROUND

In November of 1988 Robert and Jane Garcia were indicted on charges of bribery...

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