United States v. Jeffrey R. MacDonald

BUTZNER, Circuit Judge:

In United States v. MacDonald, 435 U.S. 850, 98 S.Ct. 1547, 56 L.Ed.2d 18 (1978), the Supreme Court held that a defendant may not obtain interlocutory appellate review of an order denying his pretrial motion to dismiss an indictment because of alleged infringement of his sixth amendment right to speedy trial. * On remand, we granted Jeffrey R. MacDonald’s motion for supplemental briefing on the issue of double jeopardy.

We conclude that the proceeding against MacDonald under Article 32, U.S.C.M.J., 10 U.S.C. § 832, and the commanding officer’s review were investigative.…