U.S. v. WHITBY

Nos. 92-CR-0069-C-03, 92-C-0194-C and 95-C-0171-C.

896 F.Supp. 898 (1995)

UNITED STATES of America, Plaintiff, v. Carl WHITBY, Defendant.

United States District Court, W.D. Wisconsin.

August 10, 1995.


Attorney(s) appearing for the Case

Jeffrey Anderson, Steven O'Connor, Asst. U.S. Atty., Madison, WI, for U.S.

Carl V. Whitby, Leavenworth, KS, pro se.


OPINION and ORDER

CRABB, Chief Judge.

Defendant Carl Whitby has moved for an order vacating his sentence for possession with intent to distribute cocaine in violation of 21 U.S.C. § 841(a)(1) on the ground that it was imposed illegally. Although defendant asserts several bases for relief, his primary argument is that his criminal prosecution should have been barred under the double jeopardy clause of the Fifth Amendment in light of the government's...

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