United States v. Wittie

WIENER, Circuit Judge:

Plaintiff-Appellant the United States (the government) appeals the district court’s dismissal of its two-count indictment that charged Defendant-Appellee Steven Kurt Witte 1 with conspiracy and. attempt to import 1,091 kilograms of cocaine into the United States. The district court dismissed the indictment on grounds that punishment for the indicted offense would violate the multiple punishments prong of the Double Jeopardy Clause of the Fifth Amendment through inclusion of the indicted offense in relevant conduct at sentencing for a related offense to determine Witte’s-…