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U.S. v. MARTINEZ-MALDONADO

Criminal No. 10-232 (FAB).

792 F.Supp.2d 197 (2011)

UNITED STATES of America, Plaintiff, v. Hector MARTINEZ-MALDONADO [2], Defendant.

United States District Court, D. Puerto Rico.

August 30, 2011.

Attorney(s) appearing for the Case

Daniel A. Petalas, Peter M. Koski, United States Department of Justice, Washington, DC, for Plaintiff.

Sonia I. Torres-Pabon, Melendez Torres Law, PSC, San Juan, PR, Abbe David Lowell, Christopher D. Man, Chadbourne & Parke LLP, Washington, DC, for Defendant.

Christian E. Pagan-Cordoliani, Maria L. Montanez-Concepcion, Puerto Rico Department of Justice, San Juan, PR, for Interested Party, Special Independent Prosecutor.

Juan A. Marques-Diaz, McConnell Valdes, San Juan, PR, for Interested Party, Clerk of the Superior Court of Puerto Rico.

Jeffrey M. Williams-English, David C. Indiano-Vicic, Seth Erbe, Indiano & Williams, PSC, Luis Berrios-Amadeo, Cancio, Nadal, Rivera & Diaz, San Juan, PR, for Interested Party, Thomas Rivera-Schatz.

OPINION AND ORDER

BESOSA, District Judge.

Pending before the Court is the issue of whether declaring a mistrial with respect to the jury's findings regarding Count One of the indictment against defendant Hector Martinez-Maldonado would result in a double jeopardy violation. For the reasons stated below, the Court finds that no double jeopardy violation would occur; accordingly, Count One is dismissed as to defendant Martinez without prejudice.

I...

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