United States v. John Ruppel

John Ruppel was convicted in May 1980 of conspiring to violate the drug laws and of possession of marijuana with intent to distribute. 21 U.S.C. §§ 841, 846 (1976 & Supp.1981). Among the eight claims asserted in Ruppel’s direct appeal was that of prosecutorial vindictiveness. Ruppel argued that the Government violated due process when it reindicted him to bring the conspiracy and substantive drug charges after an earlier RICO indictment resulted in a mistrial because the jury was unable to reach a verdict. We affirmed Ruppel’s conviction. 666 F.2d 261 (5th Cir.), cert. denied, 458 U.S. 1107,…