United States v. Phillip Randy Castiglione

Phillip Randy Castiglione appeals the district court’s denial of his motion to dismiss Counts Five through Nine of a superseding indictment. Castiglione contends that the Double Jeopardy Clause applies because the original indictment was dismissed with prejudice and Counts Five through Nine of the superseding indictment are identical to certain counts charged in it. The original indictment was still pending when the superseding indictment was returned.

We affirm.

FACTS AND PRIOR PROCEEDINGS

On June 15, 1985, a 121-count indictment was filed against Castiglione, Dadian, and Guerriero. In May 1986 the government filed a motion to dismiss all but twenty-nine counts, without prejudice. In June 1986, after re-interviewing a witness, the government filed an amended motion to dismiss the entire indictment, without prejudice. At the hearing on this motion, the government informed the court that a superseding indictment, which would contain several counts similar to those in the original indictment as well as additional counts, would follow. The trial judge stated that no counts of the original indictment would be dismissed without prejudice and that the case would proceed to trial…