Fred Douglas Parker v. United States

HEANEY, Circuit Judge.

Petitioner Fred Parker was convicted, along with two codefendants, of two counts of distributing heroin in violation of 21 U.S.C. § 841(a)(1) and of one count of conspiracy to do the same. The subject of this appeal is the District Court’s dismissal of his subsequent motion under 28 U.S.C. § 2255 for vacation of sentence and judgment. His sole ground of attack against the conviction is that he was unconstitutionally subjected to double jeopardy because he was convicted after an earlier trial had ended in a mistrial. We affirm.

A brief recitation of the facts concerning…