YOUNG

v.

DUCKWORTH, WARDEN

Citator

Cited By

• United States v. Russotti, 717 F.2d 27 (2d Cir. 1983)
  …2034, 2041-42, 52 L.Ed.2d 651 (1977), we nevertheless conclude that to the extent that that claim relates to the double jeopardy question it is reviewable by us at this time. See United States v. Wright, 622 F. 2d 792, 793 (5th Cir.), cert. denied, 449 U.S. 961, 101 S.Ct. 376, 66 L.Ed.2d 229 (1980). . Inasmuch as appellants Russotti and Marotta were not named in the 1976 indictment, they do not claim former jeopardy based on the 1976 RICO prosecution. We consider appellants’ collateral estoppel argument i…
• United States v. Short, 671 F.2d 178 (6th Cir. 1982)
  …. 610 (M.D.Ala.1980), upon which Riedel bases this argument. [*188] It has been held that the issue of prosecutorial misconduct may not be raised as part of a pretrial appeal. See United States v. Wright, 622 F. 2d 792, 794 (5th Cir.), cert. denied, 449 U.S. 961, 101 S.Ct. 376, 66 L.Ed.2d 229 (1980); but see United States v. Griffin, 617 F. 2d 1342,1345 (9th Cir.), cert. denied, 449 U.S. 863, 101 S.Ct. 167, 66 L.Ed.2d 80 (1980); compare United States v. Garner, 632 F. 2d 758, 765 (9th Cir. 1980), cert. deni…
• United States v. Weeks, 870 F.2d 267 (5th Cir. 1989)
  …indictment on the basis of prosecutorial overreaching, inasmuch as it relates to the double jeopardy question, is reviewable by this court. Barcelona, 814 F. 2d at 168 (citing United States v. Wright, 622 F. 2d 792, 793 (5th Cir.1980), cert. denied, 449 U.S. 961, 101 S.Ct. 376, 66 L.Ed.2d 229 (1980)). However, in the Wright case, as well as in Barcelona, we also held that “the district court’s failure to dismiss the indictment as a direct result of prosecutorial overreaching, separate and apart from the dou…