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U.S. v. GANNON

No. 973, Docket 91-1560.

967 F.2d 40 (1992)

UNITED STATES of America, Appellee, v. Thomas H. GANNON, Jr., Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided June 10, 1992.

Attorney(s) appearing for the Case

Joseph W. Ryan, Jr., Uniondale, N.Y. (Irving A. Cohn, Judith Hepworth, Joseph W. Ryan, Jr., P.C., of counsel), for defendant-appellant.

James W. Lowe, U.S. Dept. of Justice, Washington, D.C. (James F. Rill, Asst. Atty. Gen., Charles A. James, Deputy Asst. Atty. Gen., Robert B. Nicholson, John J. Powers, III, U.S. Dept. of Justice, Washington, D.C., Charles V. Reilly, Edward Friedman, Patricia Howland, U.S. Dept. of Justice, N.Y. City, Andrew J. Maloney, U.S. Atty. E.D.N.Y. New York City, of counsel), for appellee.

Before: OAKES, Chief Judge, CARDAMONE and PIERCE, Circuit Judges.

OAKES, Chief Judge:

This appeal involves a question under the Double Jeopardy Clause. The government seeks to prosecute the appellant, Thomas H. Gannon, Jr., for perjury in denying certain bid-rigging allegations before a grand jury to which he was summoned after he and his company were acquitted by a jury in a previous bid-rigging conspiracy indictment. In the previous indictment, it was alleged that he and other road paving contractors conspired to rig bids to obtain...

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