United States v. Ausby

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA UNITED STATES OF AMERICA v. Criminal Action No. 72-67 (BAH) JOHN MILTON AUSBY, Chief Judge Beryl A. Howell Defendant. MEMORANDUM OPINION AND ORDER The defendant, John Milton Ausby, seeks dismissal of the indictment against him for felony murder, see Gov’t’s Notice of Filing of Indictment (Retyped) (“Indictment (Retyped)”), ECF No. 48, on double-jeopardy grounds, arguing that his 1972 rape while armed conviction for the rape of Deborah Noel on December 14, 1971, for which conviction the defendant has already completed his thirty-year…