United States v. John Franklin Miller, Sr.

CONTIE, Senior Circuit Judge.

This is a criminal case involving an appeal from the district court’s order refusing to grant defendant John Miller’s motion to dismiss on double jeopardy grounds. 1 The defendant-appellant argues that a district court’s determination not to revoke an individual’s probation based on alleged criminal activities bars the government from prosecuting that individual based on the same activities. We disagree, and for the reasons which follow, we affirm the district court’s denial of the appellant’s motion to dismiss.

I

The defendant-appellant John Miller was placed on…