Wilson v. United States
District of Columbia Court of Appeals
1Opinion of the Court
ROGERS, Chief Judge:
Appellant James L. Wilson appeals the denial of his motion to dismiss Count III of an indictment charging him with possession of a prohibited weapon, D.C.Code § 22-3214(a) (1989), on the grounds that it violates the Double Jeopardy and Due Process Clauses of the Fifth Amendment in view of an implicit plea agreement not to prosecute. We find no merit to appellant’s Double Jeopardy claim in view of the trial judge’s findings that the offense charged in Count III was a different offense from that to which appellant had previously pled guilty. We further hold that we lack…
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