Legal Opinion
United States v. Brackett
Court of Appeals for the Fifth Circuit
Decided May 21, 1997No. 96-40568PublishedCited by 91 opinions
1Opinion of the Court
JERRY E. SMITH, Circuit Judge:
We now consider the application of the collateral estoppel doctrine to successive criminal prosecutions. George Brackett appeals the denial of his motion to dismiss his indictment, arguing that the Double Jeopardy Clause bars the instant prosecution for conspiracy to possess with intent to distribute marihuana in violation of 21 U.S.C. § 846(a)(1). The government cross-appeals, arguing that the district court erred in suppressing evidence introduced in a previous prosecution for possession with intent to distribute marihuana. We affirm on the appeal, reverse on…
2Cases cited26 opinions
- Ashe v. SwensonSupreme Court of the United States · 1970
- Bourjaily v. United StatesSupreme Court of the United States · 1987
- Abney v. United StatesSupreme Court of the United States · 1977
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- Grady v. CorbinSupreme Court of the United States · 1990
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3Cited by91 opinions
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