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he Double Jeopardy Clause of the Fifth Amendment to the Constitution "protects against multiple punishments for the same offense." North Carolina v. Pearce, 395 U.S. 711, 717 (1969). Accordingly, a defendant cannot be sentenced for multiplicitous charges covering the same crime. "An indictment is multi
nevitably' even if there had been no statutory or constitutional violation." United States v. Roberts, 852 F.2d 671, 675-76 (2d Cir. 1988) (quoting Nix v. Williams, 467 U.S. 431, 447 (1984)). When a claim of inevitable discovery is raised, the court must "determine, viewing affairs as they existed at the insta
he Double Jeopardy Clause of the Fifth Amendment to the Constitution "protects against multiple punishments for the same offense." North Carolina v. Pearce, 395 U.S. 711, 717 (1969). Accordingly, a defendant cannot be sentenced for multiplicitous charges covering the same crime. "An indictment is multi
nevitably' even if there had been no statutory or constitutional violation." United States v. Roberts, 852 F.2d 671, 675-76 (2d Cir. 1988) (quoting Nix v. Williams, 467 U.S. 431, 447 (1984)). When a claim of inevitable discovery is raised, the court must "determine, viewing affairs as they existed at the insta
Co., 583 F.3d 173 (2d Cir. 2009) 149 Nijhawan v. Holder, 557 U.S. 29 (2009) 40 Nix v. Williams, 467 U.S. 431 (1984) 93, 94 North Carolina v. Pearce, 395 U.S. 711 (1969) 169 Oregon v. Elstad, 470 U.S. 298 (1985) 97, 98 Palmieri v. State of N.Y., 779 F.2d 861 (2d Cir. 1985) 77, 80, 81 Peck
a v. Murphy, 465 U.S. 420 (1984) 100 Murray v. Met. Life Ins. Co., 583 F.3d 173 (2d Cir. 2009) 149 Nijhawan v. Holder, 557 U.S. 29 (2009) 40 Nix v. Williams, 467 U.S. 431 (1984) 93, 94 North Carolina v. Pearce, 395 U.S. 711 (1969) 169 Oregon v. Elstad, 470 U.S. 298 (1985) 97, 98 Palmieri v. State
he Double Jeopardy Clause of the Fifth Amendment to the Constitution "protects against multiple punishments for the same offense." North Carolina v. Pearce, 395 U.S. 711, 717 (1969). Accordingly, a defendant cannot be sentenced for multiplicitous charges covering the same crime. "An indictment is multi
nevitably' even if there had been no statutory or constitutional violation." United States v. Roberts, 852 F.2d 671, 675-76 (2d Cir. 1988) (quoting Nix v. Williams, 467 U.S. 431, 447 (1984)). When a claim of inevitable discovery is raised, the court must "determine, viewing affairs as they existed at the insta
he Double Jeopardy Clause of the Fifth Amendment to the Constitution "protects against multiple punishments for the same offense." North Carolina v. Pearce, 395 U.S. 711, 717 (1969). Accordingly, a defendant cannot be sentenced for multiplicitous charges covering the same crime. "An indictment is multi
nevitably' even if there had been no statutory or constitutional violation." United States v. Roberts, 852 F.2d 671, 675-76 (2d Cir. 1988) (quoting Nix v. Williams, 467 U.S. 431, 447 (1984)). When a claim of inevitable discovery is raised, the court must "determine, viewing affairs as they existed at the insta
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LOCATIONthe Southern District
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