District Court, D. Kansas December 21, 1995, Civil Action No. 95-20051-03-EEO (United States v. Peña)

MEMORANDUM AND ORDER

EARL E. O’CONNOR, District Judge.

This matter is before the court on the motion of defendant Rafael G. Peña to dismiss the indictment based on double jeopardy violations (Doc. # 187). As an alternative to dismissal, the defendant requests an evidentiary hearing, and an order requiring the government to disclose certain enumerated “evidentiary items.