United States v. Dixon

TERRY, Associate Judge:

These consolidated appeals, which present the same issue, arise from trial court rulings on motions to dismiss indictments on the ground of double jeopardy. In one case the motion was granted; in the other it was denied. We hold that both motions should have been granted because both prosecutions were barred by the Double Jeopardy Clause of the Fifth Amendment. Accordingly, we affirm in one case (Dixon) and reverse in the other (Foster ). 1

Appellant Foster was prosecuted for criminal contempt for violating civil protection orders obtained by his wife and mother-in-law.…