United States Second Circuit

Prosecution for conspiracy to distribute marijuana violated the Double Jeopardy Clause; conviction is reversed. Any alleged differences between the two charges, as those conspiracies were actually presented to the jury, pale in comparison with their substantial identity.

Appellate Information

• Decided 01/13/2004
• Published 01/13/2004

Judges

• RAKOFF, District Judge:, Before:  CABRANES and PARKER, Circuit Judges, and RAKOFF, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Barbara D. Cottrell, Senior Litigation Counsel, Albany, New York on behalf of Glenn T. Suddaby, United States Attorney, Northern District of New York (Grant C. Jaquith, Assistant United States Attorney, on the brief), for Appellee., Bruce R. Bryan, Syracuse, New York, for Defendant-Appellant.