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U.S. v. BROWN

No. 97-7181.

155 F.3d 431 (1998)

UNITED STATES of America, Plaintiff-Appellant, v. Iverson Troy BROWN, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided September 2, 1998.

Attorney(s) appearing for the Case

ARGUED: Kenneth Davis Bell, Office of United States Attorney, Charlotte, North Carolina, for Appellant. Jack W. Stewart, Jr., Asheville, North Carolina, for Appellee.

Before ERVIN and LUTTIG, Circuit Judges, and BUTZNER, Senior Circuit Judge.

Reversed and remanded by published opinion. Judge ERVIN wrote the opinion, in which Judge LUTTIG and Senior Judge Butzner joined.

OPINION

ERVIN, Circuit Judge:

The United States appeals the district court's grant of a writ of habeas corpus on the basis of double jeopardy in this case involving successive prosecutions for drug distribution offenses. In 1987, Iverson Troy Brown pled guilty to conspiracy to possess with intent to distribute and distribution...

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