U.S. v. BRACKETT

No. 96-40568.

113 F.3d 1396 (1997)

UNITED STATES of America, Plaintiff-Appellee-Cross-Appellant, v. George E. BRACKETT, Sr., Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

May 21, 1997.


Attorney(s) appearing for the Case

Florence Y. Pan, U.S. Department of Justice, Criminal Division, Appellate Section, Washington, DC, Paula Camille Offenhauser, Assistant U.S. Attorney, Houston, TX, for Plaintiff-Appellee-Cross-Appellant.

L. Aron Pena, Edinburg, TX, for Defendant-Appellant-Cross-Appellee.

Before SMITH, BARKSDALE and BENAVIDES, Circuit Judges.


JERRY E. SMITH, Circuit Judge:

We now consider the application of the collateral estoppel doctrine to successive criminal prosecutions. George Brackett appeals the denial of his motion to dismiss his indictment, arguing that the Double Jeopardy Clause bars the instant prosecution for conspiracy to possess with intent to distribute marihuana in violation of 21 U.S.C. § 846(a)(1). The government cross-appeals, arguing that the district court erred in suppressing...

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