Double Jeopardy

Vincent M. Marino received a retaliatory sentence for electing to take the government to two separate RICO trials in 1998 and 1999.The Court and the government retaliation for Marino exercising his Sixth Amendment Jury Trial rights, as Marino received an extra 25 years for the June 16th, 1989, Francis P. Salemme  attempted murder depicted as predicate Racketeering Act A-2 in Counts One RICO and Count Two  RICO Conspiracy charges even though the Jury marked NOT PROVEN BEYOND A REASONABLE DOUBT in predicate racketeering Act A-2 in both Counts One and Two.See Sentencing Transcript  date April 13, 2000, pages 1, 20-24 in support via: United States v. Marino, CR-97-40009-NMG. (District of Massachusetts/Worcester).

 

1534The Fifth Amendment states “that no person (Marino) shall be subject for the same offense to be twice put in jeopardy of life or limb. United States Constitution Amendment Four.This Double Jeopardy protects against both multiple punishments and successive prosecutions for the same offense, regardless of whether a first prosecution resulted in conviction or acquittal.In the case of successive prosecutions, the critical inquiry is whether the offenses are “the same in fact and in law.”A multi-factor test used for determining whether successive racketeering charges in fact present distinct patterns of racketeering activity for purposes of Double Jeopardy. Under this test, a Court properly considers:

  1.  The time of the various activities charges as part of separate patterns; (Same dates as in Marino Count 30 cocaine conspiracy and predicate racketeering Act-B cocaine conspiracy);
  2. The identity of the persons involved in the activities under each charge; (Same identities charged in Count 30 cocaine conspiracy and predicate racketeering Act-B cocaine conspiracy in Marino );
  3. The statutory offenses charges as racketeering activities in each charge; (both Count 30 cocaine conspiracy and predicate racketeering Act-B cocaine conspiracy charges Statutory violations of Title 21 U.S.C. Sections 841(a)(1) and 846 in Marino);
  4. The nature and scope of the activity the government seeks to punish under each charge; (Same conspiracy and Same elements charges in Count 30 cocaine conspiracy and predicate racketeering Act-B cocaine conspiracy and wording in the indictment United States v. Marino, CR-97-40009-NMG. (D.Mass). The government/defendants/United States Department of Justice’s stipulates in EXHIBIT: on October 15, 2009 via: United States v. Marino, U.S. Court of Appeals for the First Circuit #09-1854 (1st Cir.2009) see government’s response pages 1-3, 14, in support.
  5. The places where the corrupt activity took place under each charge (Count 30 cocaine conspiracy and predicate racketeering Act-B cocaine conspiracy in Marino depict the very same places the corrupt activities took place).

These factors are sufficiently comprehensive to warrant review of the totality of the circumstances, which comports with the overall approach to double jeopardy review.Double Jeopardy precludes successive prosecutions for conducting the affairs of the same Enterprise through the same pattern of racketeering.For successive substantive racketeering prosecutions to place a defendant twice in jeopardy for the same offense, both the enterprise and the pattern of the racketeering activity are issue in the two cases must be the same (as seen in Marino) “[i]f either is different, there is no infirmity under the double jeopardy clause of the 5th Amendment.” United States v. Russotti, 717 F.2d at 33, (emphasis in original).

Forth coming Marino’s Trial Transcripts showing egregious governmental and judicial misconduct which Project Marino was designed to disseminate this information to the Public for Public opinion, government transparency and potential legislation from the governmental Reform Committee in both Houses, the Senate and House of Representatives designed for Checks and Balances: Legislative, Judicial, Executive Branches of Government.

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Enlighten Yourself… “Where the willingness is great, the difficulties cannot be great. ” ~Niccolò Machiavelli, The Prince

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