United States v. Angilau, No. 12-4025 (10th Cir. 2013)
Annotate this CaseDefendant-Appellant Siale Angilau was indicted by a Utah grand jury for the shooting deaths of two deputy U.S. Marshals. One count charged racketeering conspiracy; assaulting a federal officer, assault with a dangerous weapon in aid of racketeering, and using or carrying a firearm during a crime of violence. Defendant moved to dismiss the three shooting-related charges as barred by Double Jeopardy, because those charges had been dismissed in his federal prosecution. The court granted the motion as to the assault count, but denied as to the firearms counts. Defendant appealed that ruling while his case was pending trial. Upon review, the Tenth Circuit concluded that it had jurisdiction to hear defendant's double-jeopardy claim, but lacked jurisdiction for any others still pending. The Court concluded there was no merit to defendant's double jeopardy claim, and neither firearms charges were barred by collateral estoppel because the prior dismissal of those charges did not resolve any element of the charges in his favor.
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