United States Eleventh Circuit

In a drug and firearm prosecution, denial of defendant's motion to dismiss the indictment on Double Jeopardy grounds is reversed where a defendant whose conviction has not been vacated may not be indicted again for the same offenses without violating the Double Jeopardy Clause when the government obtained a dismissal of the original indictment after the defendant pleaded guilty to it.

Appellate Information

• Decided 08/27/2009
• Published 08/27/2009

Judges

• PRYOR, Circuit Judge:, Before CARNES and PRYOR, Circuit Judges, and DOWD,District Judge.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• J. Derek Drennan (Court-Appointed), Jaffe, Strickland, Drennan & Dodd, Birmingham, AL, for McIntosh., Jeffrey M. Anderson, Jenny Lynn Smith, Asst. U.S. Atty., Birmingham, AL, for U.S.