U.S. v. Peel

Federal 7th Circuit Court
Criminal Court
Double Jeopardy
Citation
Case Number: 
No. 07-3933
Decision Date: 
February 12, 2010
Federal District: 
S.D. Ill.
Holding: 
Affirmed and reversed in part and remanded
Defendant was entitled under Double Jeopardy principles to vacatur of either bankruptcy fraud or obstruction of justice conviction where both offenses arose out of defendant's attempt to blackmail his ex-wife in exchange for her dropping of claim in defendant's bankruptcy proceeding. Defendant's obstruction of justice charge did not require proof of any fact that did not have to be proved on bankruptcy fraud charge. On remand, Dist. Ct. may let stand lesser-included offense of obstruction of justice where said charge has higher statutory maximum sentence than bankruptcy fraud.