United States v. Joseph Faulkner

WOOD, Chief Judge.

Joseph Faulkner brings this appeal because he believes that his rights under the Double Jeopardy Clause of the Fifth Amendment have been violated. In 2011 Faulkner pleaded guilty to two counts of the use of a communication facility in facilitation of a drug-related felony; he was sentenced to a 91-month term of imprisonment on those charges. Two years later, he — along with several other members of the Imperial Insane Vice Lords gang — was indicted on a variety of conspiracy, firearms, and drug charges. Faulkner moved to dismiss the new indictment because, he argued, the…