United States v. John M. Gantley

O’MALLEY, D.J., delivered the opinion of the court, in which COLE, J., joined. NATHANIEL R. JONES, J. (pp. 431-32), delivered a separate concurring opinion.

O’MALLEY, District Judge.

Defendant-appellant John Gantley brings this interlocutory appeal challenging the district court’s judgment denying a motion to dismiss a criminal information on grounds of double jeopardy. Because we conclude the district court’s judgment was not in error, we AFFIRM and remand this case for trial.

7. Facts.

On December 23, 1996, the government filed a criminal information against defendant-appellant John Gantley,…