U.S. v. McINTOSH

No. 08-15449.

580 F.3d 1222 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. James LeRay McINTOSH, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

August 27, 2009.


Attorney(s) appearing for the Case

J. Derek Drennan (Court-Appointed), Jaffe, Strickland, Drennan & Dodd, Birmingham, AL, for McIntosh.

Jeffrey M. Anderson, Jenny Lynn Smith, Asst. U.S. Atty., Birmingham, AL, for U.S.

Before CARNES and PRYOR, Circuit Judges, and DOWD, District Judge.


PRYOR, Circuit Judge:

This appeal presents the question whether a defendant whose conviction has not been vacated may be indicted again for the same offenses without violating the Double Jeopardy Clause because the government obtained a dismissal of the original indictment after the defendant pleaded guilty to it. James LeRay McIntosh pleaded guilty to an indictment that alleged drug and firearm charges, and the district court unconditionally accepted his plea. Before...

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