The following excerpt is from Lockett v. Montemango, 784 F.2d 78 (2nd Cir. 1986):
The double jeopardy clause of the Fifth Amendment, 8 made applicable to the states by the Fourteenth Amendment, prohibits both multiple punishments for the same offense and multiple prosecutions for the same offense. North Carolina v. Pearce, 395 U.S. 711, 717 (1969). The instant case concerns only the latter guarantee--the ban against multiple prosecutions for the same offense.
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