United States v. Harry J. Sherbondy, Jr., Charged as Harold J. Sherbondy, Jr., A/K/A Jay Sherbondy

70 F.3d 1281 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Harry J. SHERBONDY, Jr., charged as Harold J. Sherbondy, Jr., a/k/a Jay Sherbondy, Defendant-Appellant. No. 95-50011. United States Court of Appeals, Ninth Circuit. Submitted Nov. 14, 1995. * Decided Nov. 29, 1995. Before: FARRIS, BRUNETTI, and KOZINSKI, Circuit Judges. 1 MEMORANDUM ** I. Double Jeopardy 2 Sherbondy argues that the Double Jeopardy Clause precluded the government from prosecuting him for RICO violations since treble damages had been imposed on him in a private civil RICO action involving the same conduct. "Whether a defendant's double jeopardy rights have been violated is a question of law reviewed de novo." United States v. Wolfswinkel, 44 F.3d 782, 784 (9th Cir.1995). 3 Sherbondy's reliance on United States v. Halper, 490 U.S. 435, 448-49 (1989) is misplaced. Halper stated that "[t]he protections of the Double Jeopardy Clause are not triggered by…