DOJ-OGR-00020989.jpg
627 KB
Extraction Summary
9
People
3
Organizations
1
Locations
9
Events
9
Relationships
3
Quotes
Document Information
Type:
Legal document
File Size:
627 KB
Summary
This page from a legal document details the legal framework used by the Second Circuit to determine if multiple charges constitute a single conspiracy, which is relevant to double jeopardy claims. It lists the eight "Korfant factors" and explains the burden-shifting process where a defendant must first make a non-frivolous claim, after which the burden shifts to the government to prove the conspiracies are distinct. The text relies heavily on citations to previous court cases to establish these legal standards.
People (9)
| Name | Role | Context |
|---|---|---|
| Korfant |
Party in the legal case United States v. Korfant, which established the 'Korfant factors' test.
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| Villa |
Party in the legal case United States v. Villa.
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| Macchia |
Party in the legal case United States v. Macchia.
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| Reiter |
Party in the legal case United States v. Reiter.
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| Maslin |
Party in the legal case United States v. Maslin.
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| Lopez |
Party in the legal case United States v. Lopez.
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| DelVecchio |
Party in the legal case United States v. DelVecchio.
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| Mallah |
Party in the legal case United States v. Mallah.
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| Hernandez |
Party in the legal case United States v. Hernandez.
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Organizations (3)
| Name | Type | Context |
|---|---|---|
| United States | Government agency |
Named as a party in numerous court cases cited in the document (e.g., United States v. Korfant).
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| Second Circuit | Judiciary |
The U.S. Court of Appeals for the Second Circuit, whose legal precedents and frameworks are being discussed.
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| S.D.N.Y. | Judiciary |
Abbreviation for the Southern District of New York, a U.S. District Court, mentioned in a case citation.
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Timeline (9 events)
1974
1985
1986
1988
1994
2004
2004
2009-10-01
United States v. Hernandez, No. 09-CR-625 (HB), 2009 WL 3169226, at *9 (S.D.N.Y. Oct. 1, 2009)
S.D.N.Y.
2018
Locations (1)
| Location | Context |
|---|---|
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The Southern District of New York, mentioned in the citation for United States v. Hernandez.
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Relationships (9)
The document cites the legal case United States v. Korfant.
The document cites the legal case United States v. Villa.
The document cites the legal case United States v. Macchia.
The document cites the legal case United States v. Reiter.
The document cites the legal case United States v. Maslin.
The document cites the legal case United States v. Lopez.
The document cites the legal case United States v. DelVecchio.
The document cites the legal case United States v. Mallah.
The document cites the legal case United States v. Hernandez.
Key Quotes (3)
"no dominant factor or single touchstone” determines whether two allegedly distinct conspiracies “ʻappear in fact and in law the same.’"Source
— United States v. Macchia (quoting United States v. Reiter)
(Describing the application of the Korfant factors for determining if conspiracies are distinct.)
DOJ-OGR-00020989.jpg
Quote #1
"the Korfant list is not exhaustive, and every case must be assessed on its own terms . . . based on the entire record."Source
— United States v. Maslin
(Clarifying that the Korfant factors are a flexible guideline, not a rigid rule.)
DOJ-OGR-00020989.jpg
Quote #2
"by a preponderance of the evidence, that there are in fact two distinct conspiracies and that the defendant is not being placed in jeopardy twice for the same crime."Source
— United States v. Lopez
(Explaining the Government's burden of proof in the burden-shifting framework for conspiracy charges.)
DOJ-OGR-00020989.jpg
Quote #3
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