· 7/24/1991
United States v. Samuel Scott Raymer
Citations
- 941 F.2d 1031
- 1991 U.S. App. LEXIS 16110
- 1991 WL 138158
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- reviewing a district court's Double Jeopardy analysis de novo for the district court's legal conclusions and applying the clearly erroneous standard for its factual findings
- rejecting double jeopardy claim based on sham prosecution because jeopardy never attached in state prosecution
- observing that “[a] possible exception might exist”
- observing that “[a] possible exception might exist”
- “[Federal courts repeatedly have rejected the idea that federal prosecution, after state proceedings, constitutes vindictive federal prosecution.”
- “When a defendant exercises constitutional or statutory rights in the course of criminal proceedings, the government may not punish him for such exercise without violating due process guaranteed by the federal Constitution.”
Source: CourtListener parenthetical corpus (CC0).
Judges: McKay, Anderson, Baldock
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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