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U.S. v. FORNIA-CASTILLO

Nos. 03-1069, 03-1070.

408 F.3d 52 (2005)

UNITED STATES of America, Appellee, v. Luis B. FORNIA-CASTILLO, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided May 27, 2005.

Attorney(s) appearing for the Case

G. Richard Strafer, with whom Luis Fornia-Castillo, pro se ipso, was on brief, for appellant.

Edwin O. Vázquez-Berrios, Assistant United States Attorney, with whom H.S. Garcia, United States Attorney, and Sonia I. Torres-Pabón, Assistant United States Attorney, were on brief, for appellee.

Before SELYA, Circuit Judge, COFFIN, Senior Circuit Judge, and LIPEZ, Circuit Judge.

LIPEZ, Circuit Judge.

Defendant-appellant Luis B. Fornia-Castillo was indicted, tried, and convicted on a single count of conspiracy to distribute in excess of five kilograms of cocaine in violation of 21 U.S.C. § 846. He then sought to dismiss, on double jeopardy grounds, a second indictment charging him with another count of conspiracy under 21 U.S.C. § 846 and four substantive counts of possession with intent to distribute in excess of five kilograms...

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