U.S. v. EVANS

Nos. 90-6589, 90-6590.

951 F.2d 729 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. James Lee EVANS, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided December 17, 1991.


Attorney(s) appearing for the Case

Joseph M. Whittle, U.S. Atty. (briefed), Terry Cushing, Asst. U.S. Atty. (argued), Alexander T. Taft, Jr., Asst. U.S. Atty., Louisville, Ky., for U.S.

William H. Allison, Jr. (argued and briefed), Allison, Soreff & Garber, Louisville, Ky., for James Lee Evans.

Before KENNEDY and NELSON, Circuit Judges, and LIVELY, Senior Circuit Judge.


LIVELY, Senior Circuit Judge.

The defendant relies upon the Double Jeopardy Clause as a ground for reversing his conviction pursuant to a guilty plea for violating the continuing criminal enterprise (CCE) statute, 21 U.S.C. § 848, following an earlier conviction for conspiring to possess with intent to distribute, and distributing cocaine and marijuana, 21 U.S.C. § 846. The government concedes that some of the same evidence introduced in the conspiracy trial...

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