Court of Appeals for the Third Circuit August 29, 1990, 89-5971 (United States v. Walter Esposito)

OPINION OF THE COURT

SLOVITER, Circuit Judge.

On this, direct appeal from the district court’s denial of defendant’s motion to dismiss the indictment on double jeopardy grounds 726 F.Supp. 991, we must decide whether acquittal on a RICO charge bars subsequent prosecution on the predicate acts. This presents the mirror image of the question that we decided in

United States v. Grayson,

795 F.