Legal Opinion

United States v. James Lee Evans

Court of Appeals for the Sixth Circuit

Decided December 17, 1991No. 90-6589, 90-6590PublishedCited by 10 opinions

1Opinion of the Court

LIVELY, Senior Circuit Judge.

The defendant relies upon the Double Jeopardy Clause as a ground for reversing his conviction pursuant to a guilty plea for violating the continuing criminal enterprise (CCE) statute, 21 U.S.C. § 848, following an earlier conviction for conspiring to possess with intent to distribute, and distributing cocaine and marijuana, 21 U.S.C. § 846. The government concedes that some of the same evidence introduced in the conspiracy trial would have been relied upon to establish the alleged operation of a continuing criminal enterprise. Resolution of this issue requires us…

2Cases cited22 opinions

  1. Blockburger v. United StatesSupreme Court of the United States · 1931
  2. Ashe v. SwensonSupreme Court of the United States · 1970
  3. Missouri v. HunterSupreme Court of the United States · 1983
  4. Grady v. CorbinSupreme Court of the United States · 1990
  5. United States v. BroceSupreme Court of the United States · 1989

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3Cited by10 opinions

  1. United States v. Ricou DeshawCourt of Appeals for the Fifth Circuit · 1992
  2. City of Baton Rouge v. RossSupreme Court of Louisiana · 1995
  3. United States v. AhmedDistrict Court, S.D. New York · 1992
  4. United States v. Yahya M. Ahmed, Also Known as Yaha M. Ahmaed, Also Known as Ahmed M. YahyaCourt of Appeals for the Second Circuit · 1992
  5. United States v. James A. O'COnnOrCourt of Appeals for the Seventh Circuit · 1992

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