Event Details
October 01, 2009
Description
United States v. Hernandez, No. 09-CR-625 (HB), 2009 WL 3169226, at *9 (S.D.N.Y. Oct. 1, 2009)
Participants (2)
| Name | Type | Mentions | |
|---|---|---|---|
| Hernandez | person | 22 | View Entity |
| United States | location | 4439 | View Entity |
Source Documents (2)
DOJ-OGR-00020989.jpg
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.
DOJ-OGR-00010372.jpg
This legal document, a page from a court filing, outlines the Second Circuit's legal framework for determining whether multiple charges constitute a single conspiracy or distinct conspiracies, thereby implicating double jeopardy concerns. It details the eight 'Korfant factors' used in this analysis and describes the burden-shifting framework where a defendant must first make a non-frivolous showing of a single conspiracy, after which the burden shifts to the Government to prove otherwise by a preponderance of the evidence.
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