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· 6/7/1996

United States v. Guzman Rivera

Citations

  • 85 F.3d 823
  • 1996 U.S. App. LEXIS 13569
  • 1996 WL 294401

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that a defendant “must produce some evidence tending to prove that ... one sovereign was a pawn of the other, with the result that the notion of two supposedly independent prosecutions is merely a sham”
  • emphasizing that the Bartkus exception is limited to situations in which one sovereign “thoroughly dominates or manipulates the prosecutorial machinery of another”
  • holding that a defendant “must produce some evidence tending to prove that . . . one sovereign was a pawn of the other, with the result that the notion of two supposedly inde- pendent prosecutions is merely a sham”
  • explaining that an independent civil action for the return of property may be brought after a criminal case has been closed
  • stating that “the law is pellucid that the dismissal of an indictment is not a suitable remedy for a violation of 18 U.S.C. § 3161(j)(1)”
  • noting that “under very limited circumstances, successive prosecutions by separate sovereigns might transgress the Double Jeopardy Clause”

Source: CourtListener parenthetical corpus (CC0).

Judges: Selya, Cummings, Coffin

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.