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UNITED STATES v. SALINAS

No. 81-2083.

693 F.2d 348 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. Juan SALINAS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 21, 1983.

Attorney(s) appearing for the Case

Stephen C. Tarry, Houston, Tex., for defendant-appellant.

John M. Potter, Asst. U.S. Atty., Houston, Tex., John Patrick Smith, Asst. U.S. Atty., Brownsville, Tex., William Torrey, Asst. U.S. Atty., Corpus Christi, Tex., for plaintiff-appellee.

Before RUBIN and JOHNSON, Circuit Judges, and DAVIS, District Judge.

JOHNSON, Circuit Judge:

Juan Salinas, convicted on both conspiracy and substantive counts of possession with intent to distribute heroin, has alleged that he was twice put in jeopardy for the same offense.1 In briefing the double jeopardy issue, defendant Salinas' counsel argued that Rule 48(a) of the Federal Rules of Criminal Procedure had been infringed. Because we find an infraction of Rule 48(a), we do not reach the constitutional...

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