United States v. Ralph Maza A/K/A Rafael Maza

FAY, Circuit Judge:

The United States appeals the dismissal of Count Four of its indictment against the Defendant-Appellee, Ralph Maza, charging him with a violation of 21 U.S.C. § 848, the Continuing Criminal Enterprise (CCE) statute. Maza moved for dismissal of this count on the ground that it violated his Fifth Amendment rights under the Double Jeopardy Clause because he previously had been indicted and convicted, in the Southern District of Florida, of a violation of 21 U.S.C. § 846. Section 846, Maza argues, is a lesser included offense of § 848; therefore, Count Four is double jeopardy…