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U.S. v. BLACKWELL

No. 89-5591.

900 F.2d 742 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Timothy Jay BLACKWELL, a/k/a Tiny; Lawrence Dean Lenihan, a/k/a Chitlin; Larry William White, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided April 9, 1990.

Attorney(s) appearing for the Case

Terry Goodwin Harn, argued, G. Nicholas Herman, and Steven A. Bernholz, on brief, Coleman, Bernholz, Gledhill & Hargrave, Chapel Hill, N.C., for appellants.

Harry L. Hobgood, Asst. U.S. Atty., argued and Robert H. Edmunds Jr., U.S. Atty., Greensboro, N.C., on brief, for appellee.

Before CHAPMAN and WILKINS, Circuit Judges, and WILLIAMS, United States District Judge for the Eastern District of Virginia, sitting by designation.

RICHARD L. WILLIAMS, District Judge:

This is an interlocutory appeal from the denial of the appellants' motions to dismiss the indictment for violation of the double jeopardy clause of the fifth amendment and for improper venue. Because the district court was correct in concluding that the protection offered criminal defendants by the double jeopardy clause is not implicated by the pending prosecution, we affirm the denial of that part of the appellants' motions....

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