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PENNINGTON v. UNITED STATES

No. 83-859.

471 A.2d 250 (1983)

Drew PENNINGTON, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

December 30, 1983.

Attorney(s) appearing for the Case

James Klein, Washington, D.C., and William Traylor, Public Defender Service, Washington, D.C., were on the motion for appellant.

Stanley S. Harris, U.S. Atty., Washington, D.C., at the time the motion was filed, Michael W. Farrell and James F. Rutherford, Asst. U.S. Attys., Washington, D.C., were on the motion for appellee.

Before NEBEKER, FERREN and ROGERS, Associate Judges, in chambers.

NEBEKER, Associate Judge:

This appeal was taken from the denial by the trial court of defendant-appellant Pennington's motion to dismiss his indictment on double jeopardy grounds. The United States has now moved for summary affirmance. In his motion to dismiss, Pennington asserted that he was entitled, under Oregon v. Kennedy, 456 U.S. 667, 102 S.Ct. 2083, 72 L.Ed.2d 416 (1982), to dismissal because the government intentionally...

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