United States v. Robert Rawlings, Jr.

34 F.3d 1075 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Robert RAWLINGS, Jr., Defendant-Appellant. No. 93-50443. United States Court of Appeals, Ninth Circuit. Submitted Aug. 23, 1994. * Decided Aug. 26, 1994. Before: WALLACE, Chief Judge, HUG and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Robert Rawlings, Jr., appeals the denial of his pretrial motion to dismiss on double jeopardy grounds his indictment for thirteen counts of wire fraud in violation of 18 U.S.C. Sec. 1343 . Rawlings contends that his prosecution for wire fraud in his dealings with The Florida Group, Inc., is barred because a bankruptcy court found that The Florida Group failed to establish fraud. We have jurisdiction under the collateral order doctrine. See United States v. Witten, 965 F.2d 774, 775 (9th Cir.1992) (citing Abney v. United States, 431 U.S. 651, 659-62 (1977)). We affirm. 3 We review de novo the denial of a motion to dismiss an indictment…