UNITED STATES v. VAUGHAN

No. 82-1718.

715 F.2d 1373 (1983)

UNITED STATES of America, Plaintiff/Appellee, v. David Rowland Lee VAUGHAN, Defendant/Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 15, 1983.


Attorney(s) appearing for the Case

Michael J. McCabe, San Diego, Cal., for defendant/appellant.

Roger W. Haines, Jr., Asst. U.S. Atty., argued, Peter K. Nunez, U.S. Atty., Roger W. Haines, Jr., Asst. U.S. Atty., on the brief, San Diego, Cal., for plaintiff-appellee.

Before GOODWIN, TANG and FLETCHER, Circuit Judges.


TANG, Circuit Judge:

Vaughan appeals from a judgment of conviction entered upon his plea of guilty to Count Two of an indictment handed down in 1982. He argues that the district court erred in finding that prosecution under Count Two was not barred by the double jeopardy clause of the United States Constitution. He asserts that the conspiracy charged in Count Two of the 1982 indictment was the same conspiracy for which he was charged in an indictment handed down in...

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