U.S. v. ARLT

No. 97-50588.

252 F.3d 1032 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Charles Wesley Arlt, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 31, 2001.


Attorney(s) appearing for the Case

Kenneth M. Miller, Steward & Miller, Capistrano Beach, California, for the defendant-appellant.

Jean M. Mohrbacher, Assistant United States Attorney, Los Angeles, California, for the plaintiff-appellee.

Before: MARY M. SCHROEDER, Chief Judge; and STEPHEN REINHARDT, DIARMUID F. O'SCANNLAIN, STEPHEN S. TROTT, FERNANDEZ, F. FERNANDEZ, MICHAEL DALY HAWKINS, SIDNEY R. THOMAS, SUSAN P. GRABER, M. MARGARET MCKEOWN, KIM MCLANE WARDLAW, and JOHNNIE B. RAWLINSON, Circuit Judges.


Argued and Submitted March 20, 2001 — San Francisco, California

REINHARDT, Circuit Judge:

We heard this case en banc to resolve an intra-circuit conflict in our Double Jeopardy jurisprudence. Our cases have reached inconsistent results as to whether a defendant who has engaged in a single overall conspiracy to commit acts proscribed by more than one statute may be convicted and punished for committing two offenses, one under the general conspiracy...

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