Epstein Secrets

restrictions upon bail pending appeal may undoubtedly 'work to the disadvantage' of defendants."). In reaching this conclusion, we are mind of the Supreme Court's decision in Kring Missouri, 107 U.S. 221, 2 S.Ct. 443, L.Ed. 506 (1883). In Krin,g, the Court held that an ex post facto violation had occurred w

d=%7bFEDF5709-3AEA-4F74-8619-... 4/10/2008 EFTA00191715 Page 17 of 24 765 F.2d 944 765 F.2d 944, 53 USLW 2628 (Cite as: 765 F.2d 944) As the Supreme Court has stated, "[p]resent federal law has made an appeal from a district court's judgment of convic- tion ' in a criminal case what is, ' effect, a

m might commit in the future. In so doing, the Court stated: Appellee's argument assumes the exist- ence of a periphery of the Self—Incrimi- nation Clause which protects a person against incrimination not only against past or present transgressions but which supplies insulation for a career of crime

d. at 538-39. "[L]ess drastic measures ... such as limiting instructions, 52 While Zafiro involved a motion to sever defendants, rather than counts, the Supreme Court's construction of Rule 14(a) applies in either case. See Page, 657 F.3d at 129 (relying on Zafiro); United States v. Gracesqui, No. 10 Cr. 74 (PKC),

ecause double jeopardy is meant to protect a defendant from successivepunishments for the same offense, a multiplicitous count does not violate the Clause unless and until sentence is imposed. See Josephberg, 459 F.3d at 355 ("Where there has been no prior conviction or acquittal, the Double Jeopardy

. at 538-39. "[L]ess drastic measures . .. such as limiting instructions, 52 While Zafiro involved a motion to sever defendants, rather than counts, the Supreme Court's construction of Rule 14(a) applies in either case. See Page, 657 F.3d at 129 (relying on Zafiro); United States v. Gracesqui, No. 10 Cr. 74 (PKC),

cause double jeopardy is meant to protect a defendant from successive punishments for the same offense, a multiplicitous count does not violate the Clause unless and until sentence is imposed. See Josephberg, 459 F.3d at 355 ("Where there has been no prior conviction or acquittal, the Double Jeopardy

. at 538-39. "[L]ess drastic measures . .. such as limiting instructions, 52 While Zafiro involved a motion to sever defendants, rather than counts, the Supreme Court's construction of Rule 14(a) applies in either case. See Page, 657 F.3d at 129 (relying on Zafiro); United States v. Gracesqui, No. 10 Cr. 74 (PKC),

cause double jeopardy is meant to protect a defendant from successive punishments for the same offense, a multiplicitous count does not violate the Clause unless and until sentence is imposed. See Josephberg, 459 F.3d at 355 ("Where there has been no prior conviction or acquittal, the Double Jeopardy

the counts would waste judicial resources by requiring a second trial at 53 While Zafiro involved a motion to sever defendants, rather than counts, the Supreme Court's construction of Rule 14(a) applies in either case. See Page, 657 F.3d at 129 (relying on Zafiro); United States v. Gracesqui, No. 10 Cr. 74 (PKC),

cause double jeopardy is meant to protect a defendant from successive punishments for the same offense, a multiplicitous count does not violate the Clause unless and until sentence is imposed. See Josephberg, 459 F.3d at 355 ("Where there has been no prior conviction or acquittal, the Double Jeopardy

d. at 538-39. "[L]ess drastic measures ... such as limiting instructions, 52 While Zafiro involved a motion to sever defendants, rather than counts, the Supreme Court's construction of Rule 14(a) applies in either case. See Page, 657 F.3d at 129 (relying on Zafiro); United States v. Gracesqui, No. 10 Cr. 74 (PKC),

cause double jeopardy is meant to protect a defendant from successive punishments for the same offense, a multiplicitous count does not violate the Clause unless and until sentence is imposed. See Josephberg, 459 F.3d at 355 ("Where there has been no prior conviction or acquittal, the Double Jeopardy