U.S. v THOMAS

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

UNITED STATES OF AMERICA,

MAGISTRATE NO. 84-0051, 84-0072 v. WILLIAM THOMAS
CONCEPCION PICCIOTTO

D0UBLE JEOPARDY

Defendant stands charged with two separate offenses, each punishable by up to $500 fine, and/or up to six months imprisonment, However, the activity charged under 36 CFR 50.27, "storage of property," is the same activity which, combined with the allegation of the additional activity of "sleeping," constitutes the second charge, "camping", under 36 CFR 50.27(a).

II. The Defense holds that this combination of charges constitutes double jeopardy. in violation of the Fifth Amendment of the Constitution of the United States.

III. To prove the offence of "camping" the Government must show a combination of activities, and alleges in the instant matter, that this combination is "sleeping," and "storage of property."' The "storage of property," charged under Sec. 50.27, involves the same alleged "property" which the Government must argue constitutes "camping" by virtue of the allegation that "sleeping" also took place.

IV. Therefore the Defense moves this Court to dismiss one or the other of these charges, or to compel the Government to proceed against defendants upon either of the two charges, but not both, because to allow the Government to proceed on both charges would place the defendants in the position of being tried twice for the same activity,

In violation of the Fifth Amendment.

Respectfully Submitted

(signed)

Defendant Thomas

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