Wednesday, April 25, 2007

government is collaterally estopped from retrying defendant for conspiracy

US v. Ohayon, No. 05-17045
Defendant's acquittal on a charge of an attempted drug offense requires dismissal of a charge of a drug conspiracy on which the jury was unable to reach a verdict, as the government is collaterally estopped from retrying defendant for conspiracy to possess with intent to distribute drugs.

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