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U.S. v. KOONCE

No. 90-4081.

945 F.2d 1145 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Stephen G. KOONCE, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

September 23, 1991.

Attorney(s) appearing for the Case

Samuel Alba and Robert G. Wing of Prince, Yeates & Geldzahler, Salt Lake City, Utah, for defendant-appellant.

Karen Skrivseth, Dept. of Justice, Washington, D.C. and Wayne T. Dance, Asst. U.S. Atty., Salt Lake City, Utah, for plaintiff-appellee.

Before SEYMOUR and EBEL, Circuit Judges, and BROWN, Senior District Judge.

EBEL, Circuit Judge.

This case presents two issues. First, we must decide whether the Double Jeopardy Clause (U.S. Const. amend. V), prohibits the conviction and imposition of a sentence for possession of a controlled substance where the same possession was used in a prior narcotics proceeding to increase the defendant's sentence under the United States Sentencing Guidelines. We hold that the Double Jeopardy Clause prohibits the subsequent conviction and sentence...

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