U.S. v. SMITH

Nos. 91-1612, 91-1816.

963 F.2d 892 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Thomas G. SMITH, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided May 11, 1992.


Attorney(s) appearing for the Case

Janice Kittel Mann, Asst. U.S. Atty. (argued), Michael A. MacDonald (briefed), Grand Rapids, Mich., for plaintiff-appellee.

Bernard L. Segal (argued and briefed), San Francisco, Cal., for defendant-appellant.

Before: KENNEDY and BOGGS, Circuit Judges; and KRUPANSKY, Senior Circuit Judge.


KENNEDY, Circuit Judge.

Defendant Thomas Smith appeals his conviction of possession of marijuana with intent to distribute and a prior order denying a motion to dismiss that charge, both on the grounds of double jeopardy. For the reasons set forth below, we AFFIRM the decision and judgment of the District Court.

I.

In 1986, Smith was indicted in the Western District of Michigan under a multiple defendant, multiple count indictment. The indictment...

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