The following excerpt is from U.S. v. Calderone, 917 F.2d 717 (2nd Cir. 1990):
I respectfully disagree with my colleagues' conclusion that the double jeopardy rule announced in Grady v. Corbin, --- U.S. ----, 110 S.Ct. 2084, 109 L.Ed.2d 548 (1990), operates as a bar to the prosecution of the indictment in this case.
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