United States Fourth Circuit

Conviction for conspiracy to distribute and possess with intent to distribute 50 grams or more of cocaine base is affirmed over defendant's claim that the Double Jeopardy Clause of the Fifth Amendment barred his retrial for conspiracy, as the retrial required relitigation of "an issue of ultimate fact" already determined by the jury in his first trial for the substantive crime of distribution.

Appellate Information

• Decided 03/06/2008
• Published 03/06/2008

Judges

• Before WILKINSON and SHEDD, Circuit Judges, and JOHN PRESTON BAILEY, United States District Judge for the Northern District of West Virginia, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Matthew McGavock Robinson, Robinson & Brandt, P.S.C., Cincinnati, Ohio, for Appellant.  Charles Joseph Peters, Sr., Assistant United States Attorney, Office of the United States Attorney, Baltimore, Maryland, for Appellee.   ON BRIEF:  Rod J. Rosenstein, United States Attorney, Baltimore, Maryland, for Appellee.