United States v. Jose Barragan-Cepeda

CANBY, Circuit Judge:

Jose Barragan-Cepeda was charged as a deported alien who reentered the United States in violation of 8 U.S.C. § 1326. Following the district court’s denial of his motion to dismiss on the ground of double jeopardy, Barragan brings an interlocutory appeal. We reverse.

I. BACKGROUND

In April of 1993, the government indicted Barragan alleging that he was an alien who reentered the United States after deportation in violation of 8 U.S.C. § 1326. Barra-gan moved to dismiss the indictment because it subjected him to double jeopardy. The basis of his motion was as follows: In…