United States v. William Len Tanner

JOHN R. GIBSON, Circuit Judge.

William Len Tanner appeals the ruling of the district court, 1 accepting a report and recommendation of the magistrate which denied his motion to dismiss on a claim of double jeopardy. Tanner was indicted in Missouri for conspiracy to distribute heroin and cocaine in violation of 21 U.S.C. § 841(a)(1). He claims that as he was previously indicted under the same statutes in the Central District of California and pled guilty to a conspiracy charge there, the Missouri indictment places him in jeopardy once again for the same offense. We have given immediate…