· 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 CourtListenerSourced 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.