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  • United States v. de La Cruz Moya, 1st Cir. (1999)

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    The United States Court of Appeals for the First Circuit affirmed the district court's denial of the defendant's motion to dismiss the indictment. The Court of Appeals found that the defendant failed to produce any evidence that one sovereign was acting as a pawn of the other, as is required to prove that successive federal and state prosecutions violate protections against double jeopardy. The Court of Appeals reached this conclusion for the same reasons provided in the district court's opinion denying the motion to dismiss.

    Original Description:

    Filed: 1999-06-08 Precedential Status: Precedential Docket: 99-1199

    Original Title

    United States v. De La Cruz Moya, 1st Cir. (1999)

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    The United States Court of Appeals for the First Circuit affirmed the district court's denial of the defendant's motion to dismiss the indictment. The Court of Appeals found that the defendant failed to produce any evidence that one sovereign was acting as a pawn of the other, as is required to prove that successive federal and state prosecutions violate protections against double jeopardy. The Court of Appeals reached this conclusion for the same reasons provided in the district court's opinion denying the motion to dismiss.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
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    10 views3 pages

    United States v. de La Cruz Moya, 1st Cir. (1999)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the First Circuit affirmed the district court's denial of the defendant's motion to dismiss the indictment. The Court of Appeals found that the defendant failed to produce any evidence that one sovereign was acting as a pawn of the other, as is required to prove that successive federal and state prosecutions violate protections against double jeopardy. The Court of Appeals reached this conclusion for the same reasons provided in the district court's opinion denying the motion to dismiss.

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    of 3

    USCA1 Opinion

    [NOT FOR PUBLICATION NOT TO BE CITED AS PRECEDENT]


    United States Court of Appeals
    For the First Circuit

    No. 99-1199

    UNITED STATES,

    Appellee,

    v.

    JUAN ANTONIO DE LA CRUZ MOYA,

    Defendant, Appellant.

    APPEAL FROM THE UNITED STATES DISTRICT COURT

    FOR THE DISTRICT OF PUERTO RICO

    [Hon. Juan M. Perez-Gimenez, U.S. District Judge]

    Before

    Torruella, Chief Judge,


    Campbell, Senior Circuit Judge,
    and Lynch, Circuit Judge.

    Lawrence H. Schoenbach and Marc X. LoPresti on brief for


    appellant.
    Guillermo Gil, United States Attorney, Jorge E. Vega-Pacheco,
    Assistant United States Attorney, and Michelle Morales, Assistant
    United States Attorney, on brief for appellee.

    June 7, 1999

    Per Curiam.

    Upon careful review of the briefs and

    record, we conclude that the district court properly denied


    defendant's motion to dismiss the indictment.

    We reach this

    conclusion essentially for the reasons stated in the district


    court's Opinion and Order dated January 12, 1999.

    Defendant

    failed to produce even "some evidence tending to prove that .


    . . one sovereign was a pawn of the other."

    United States v.

    Guzman, 85 F.3d 823, 827 (1st Cir. 1996).


    Affirmed.

    See 1st Cir. Loc. R. 27.1.

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