The defendant, Ms. Maxwell, requests that the court dismiss either Count One or Count Three of the s...
The defendant, Ms. Maxwell, requests that the court dismiss either Count One or Count Three of the superseding indictment as they charge the same offense twice, violating the Double Jeopardy Clause. The counts charge conspiracy to commit a crime against the United States under 18 U.S.C. § 371 with different underlying crimes. The filing applies a multifactor test to determine whether the conspiracies are the same offense.
Summary
The defendant, Ms. Maxwell, requests that the court dismiss either Count One or Count Three of the superseding indictment as they charge the same offense twice, violating the Double Jeopardy Clause. The counts charge conspiracy to commit a crime against the United States under 18 U.S.C. § 371 with different underlying crimes. The filing applies a multifactor test to determine whether the conspiracies are the same offense.
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