U.S. v. FORD

No. 03-10194.

371 F.3d 550 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Alfred Darnell FORD, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 8, 2004.


Attorney(s) appearing for the Case

Simone M. Shaheen (argued), Richmond, CA, for the defendant-appellant.

McGregor W. Scott, United States Attorney, and Kevin P. Rooney (argued), Assistant United States Attorney, Fresno, CA, for the plaintiff-appellee.

Before: O'SCANNLAIN, HAWKINS, and FISHER, Circuit Judges.


O'SCANNLAIN, Circuit Judge:

We must decide whether the United States is barred by double jeopardy or collateral estoppel from prosecuting an owner for "managing and controlling" real estate for the purpose of distributing cocaine when he was previously acquitted of "knowingly opening" the same place for such purpose.

I

In March 2001, a joint federal and local law enforcement sting operation targeted a piece of commercial property in Fresno, California...

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