Ciuzio v. United States

Background

A man accused of dealing in counterfeit 6-cent stamps and an alleged accomplice faced two prosecutions for the same events. The first indictment charged attempted sale and conspiracy. That trial ended with the judge acquitting or dismissing the sale count for the defendants and a mistrial on the conspiracy count. The government then brought a second indictment charging possession with intent to use and sell counterfeit stamps and conspiracy, based on the same conduct.

Reasoning

Before the jury in the second trial, the judge removed references to the defendants’ intent to "sell," so the case went to the jury only on intent to "use." The appeals court later said the jury instructions about "use" were wrong and ordered a new trial on the restored "sell" theory, finding enough evidence to let a jury decide intent to sell. The defendants argued that retrying them on the restored "sell" charge violated their protection against being tried twice for the same act. Justice Brennan, in a dissent, explained why that retrial could amount to a forbidden second prosecution and urged the Court to hear the case.

Real world impact

Because the Supreme Court refused review, the appeals court’s decision allowing retrial stands. That outcome leaves open the question whether a judge’s removal of a charge at trial can act as an acquittal that bars a later retrial on that charge. The disagreement highlighted by the dissent suggests uncertainty about when defendants can invoke protection from successive prosecutions.

Dissents or concurrances

Justice Brennan, joined by Justices Douglas and Marshall, dissented from the denial of review and argued that important double jeopardy questions raised by the case deserve full Supreme Court consideration.