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U.S. v. MAZA

No. 91-3557.

983 F.2d 1004 (1993)

UNITED STATES of America, Plaintiff-Appellant, v. Ralph MAZA a/k/a Rafael Maza, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

February 16, 1993.

Attorney(s) appearing for the Case

Joseph K. Ruddy, Karla Spaulding, Asst. U.S. Attys., Tampa, FL, for plaintiff-appellant.

L. Michael Roffino, Coral Gables, FL, for defendant-appellee.

Before FAY and EDMONDSON, Circuit Judges, and HILL, Senior Circuit Judge.

FAY, Circuit Judge:

The United States appeals the dismissal of Count Four of its indictment against the Defendant-Appellee, Ralph Maza, charging him with a violation of 21 U.S.C. § 848, the Continuing Criminal Enterprise (CCE) statute. Maza moved for dismissal of this count on the ground that it violated his Fifth Amendment rights under the Double Jeopardy Clause because he previously had been indicted and convicted, in the Southern District of Florida, of a...

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