United States v. Howard Eric Genser

*1427SEYMOUR, Circuit Judge.

This appeal raises an issue of successive prosecutions under the Controlled Substances Act, 21 U.S.C. § 841(a)(1) (1976), in violation of the Double Jeopardy Clause of the Fifth Amendment. Defendant Genser’s direct appeal of the lower court’s denial of his motion to dismiss on double jeopardy grounds is brought under the doctrine of Abney v. United States, 431 U.S. 651, 97 S.Ct. 2034, 52 L.Ed.2d 651 (1977). See United States v. Hines, 689 F.2d 934 (10th Cir.1982). For the reasons set out below, we reverse.

Genser was originally indicted on June 17, 1982, and charged with…