UNITED STATES v. CASTRO

No. 79-1542.

629 F.2d 456 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Jose CASTRO, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided July 17, 1980.


Attorney(s) appearing for the Case

Mary L. Sfasciotti, Kenosha, Wis., for defendant-appellant.

Thomas P. Sullivan, U. S. Atty., Jeffrey E. Rogers, Asst. U. S. Atty., Chicago, Ill., for plaintiff-appellee.

Before FAIRCHILD, Chief Judge, SWYGERT and CUMMINGS, Circuit Judges.


SWYGERT, Circuit Judge.

In this appeal we hold that the defendant's conviction of conspiracy to distribute heroin must be reversed on the basis of the Double Jeopardy Clause. Additionally, his conviction on the substantive charge of distributing heroin is reversed and remanded for a new trial.

I

In order to appreciate the issues raised on appeal, a full discussion both of the factual and the procedural underpinnings...

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