United States v. Luis Oscar Sarmiento-Perez

Luis Oscar Sarmiento-Perez was convicted of one count of conspiring to possess cocaine with intent to distribute and two counts of distributing cocaine, in violation of 21 U.S.C. §§ 846 and 841(a)(1). We reversed his conviction because of a trial error and remanded for a new trial. United States v. Sarmiento-Perez, 633 F.2d 1092 (5th Cir. 1981). On remand, Sarmiento-Perez moved for a dismissal on grounds of double jeopardy. The trial court denied the motion and this appeal, one we may appropriately consider, Abney v. United States, 431 U.S. 651, 97 S.Ct. 2034, 52 L.Ed.2d 651 (1977), followed.…