U.S.A. v. Levy

File — Folder: 3

Identifier: Folder 3

Staff Only

labeled as Box 1172A, Folder 1 Case no. 85-3703 Because the government failed to establish separate agreements by a preponderance of the evidence, we reverse the judgment of the district court insofar as it denied the motion of Levy and Franzone to dismiss on double jeopardy grounds the conspiracy count charged in the "K" indictment. In all other respects, the district court's judgment is affirmed. Collateral estoppel does not prevent the government from prosecuting Levy and Franzone for the substantive offenses charged in the "K" indictment. TLS of Judge Wisdom; bench memo with notes.