[DOWNLOAD] "United States v. Aleman" by United States Court of Appeals for the Fourth Circuit ~ eBook PDF Kindle ePub Free
eBook details
- Title: United States v. Aleman
- Author : United States Court of Appeals for the Fourth Circuit
- Release Date : January 30, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
Appellant Leonardo Aleman was charged, along with others, for conspiring to distribute marijuana and cocaine in one count of a seventeen-count indictment filed in the Middle District of North Carolina. See 21 U.S.C.A. § 846 (West Supp. 1994). Aleman moved to dismiss the indictment as to him, asserting that his prosecution was barred by the Double Jeopardy Clause of the Fifth Amendment because he previously pled guilty to a two-count indictment filed in the United States District Court for the Middle District of Florida, which charged him with attempted possession of marijuana with the intent to distribute, 21 U.S.C.A. § 841(a) (West 1981), and conspiracy to possess marijuana with the intent to distribute, id. § 846. Finding that the Florida conspiracy was not the same offense for which Aleman was charged in the North Carolina indictment, the district court denied Alemans motion to dismiss the North Carolina conspiracy count. We affirm.