USA v. Parks, 5:17-CR-190-1BR. (2018)
Court: District Court, E.D. North Carolina
Number: infdco20180117a70
Visitors: 19
Filed: Jan. 16, 2018
Latest Update: Jan. 16, 2018
Summary: ORDER W. EARL BRITT , Senior District Judge . This matter is before the court on defendant's motion to dismiss, (DE # 43), to which the government has filed a response in opposition, (DE # 44). Defendant contends that his prosecution violates the double jeopardy clause because he has already been punished for the instant conduct in his earlier supervised release revocation proceeding. Defendant acknowledges, however, that Supreme Court and Fourth Circuit Court of Appeals precedent foreclose
Summary: ORDER W. EARL BRITT , Senior District Judge . This matter is before the court on defendant's motion to dismiss, (DE # 43), to which the government has filed a response in opposition, (DE # 44). Defendant contends that his prosecution violates the double jeopardy clause because he has already been punished for the instant conduct in his earlier supervised release revocation proceeding. Defendant acknowledges, however, that Supreme Court and Fourth Circuit Court of Appeals precedent foreclose ..
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ORDER
W. EARL BRITT, Senior District Judge.
This matter is before the court on defendant's motion to dismiss, (DE # 43), to which the government has filed a response in opposition, (DE # 44). Defendant contends that his prosecution violates the double jeopardy clause because he has already been punished for the instant conduct in his earlier supervised release revocation proceeding. Defendant acknowledges, however, that Supreme Court and Fourth Circuit Court of Appeals precedent foreclose his argument, (see DE #43, at 3 ("Fourth Circuit and Supreme Court precedent have allowed exactly this type of double prosecution," relying on Johnson v. United States, 529 U.S. 694 (2000) and United States v. Woodrup, 86 F.3d 359 (4th Cir. 1996)), and that he raises the argument now purely to preserve the issue, (see id., at 2 n.2). Defendant's motion is DENIED.
Source: Leagle
