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U.S. v. HARNAGE

No. 86-3071.

976 F.2d 633 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. James Lyne HARNAGE, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

November 2, 1992.

Attorney(s) appearing for the Case

Archibald J. Thomas, III, Jacksonville, Fla., for defendant-appellant.

Mark V. Jackowski, Tamra Phipps, Asst. U.S. Attys., Tampa, Fla., for plaintiff-appellee.

Before TJOFLAT, Chief Judge, HATCHETT and BIRCH, Circuit Judges.

HATCHETT, Circuit Judge:

In this opinion, we reject the government's invitation to sanction its use of the doctrine of collateral estoppel to preclude a criminal defendant from raising an issue adjudicated in a prior proceeding.

I. BACKGROUND

A grand jury in the Middle District of Florida indicted James Lyne Harnage, charging that he engaged in a conspiracy to possess with the intent to distribute approximately 40,000 pounds of marijuana. Prior to...

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