United States v. Leal

MATHESON, Circuit Judge.

Gaspar Leal appeals from the district court's denial of his motion to dismiss the indictment. In his motion, he argued that the drug conspiracy charged in this case is the same conspiracy for which he was convicted in a previous case and that continued prosecution would violate his double jeopardy rights. The district court found the conspiracies were not interdependent, the indictment therefore charged a separate offense, and double jeopardy did not apply. We affirm.

I. BACKGROUND

A. Factual Background

The facts in this section are drawn from the factual findings in the…