United States v. Lamont D. Kress

BOGUE, Senior District Judge.

Lamont Kress appeals from the district court’s 1 interlocutory order denying his motion to dismiss one count of a multi-count indictment. For reversal, Kress argues his double jeopardy rights would be violated if he is tried on this count in that he was previously acquitted of the same. Because we believe the issue has been waived,, we affirm.

BACKGROUND

Appellant, along with a number of co-defendants, was charged by superseding indictment with 33 counts involving conspiracy to distribute and possession with intent to distribute methamphetamine, as well as various…