U.S. v. SCHILLER

No. 96-10398.

120 F.3d 192 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Nanita SCHILLER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 24, 1997.


Attorney(s) appearing for the Case

Timothy L. Zindel, Assistant Federal Public Defender, Sacramento, CA, for defendant-appellant.

Mark J. McKeon, Assistant United States Attorney, Sacramento, CA, for plaintiff-appellee.

Before: PREGERSON, FERGUSON, and KLEINFELD, Circuit Judges.


PREGERSON, Circuit Judge:

Schiller appeals the denial of her motion to dismiss the criminal charges against her for drunk driving on a military base. Schiller argues that the Double Jeopardy Clause bars her prosecution because the Air Force previously punished her for that offense by suspending her driving privileges on military installations. We have jurisdiction under 28 U.S.C. § 1292. We affirm.

FACTS AND PRIOR PROCEEDINGS

In the early morning...

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