United States v. Gabriel Rodriguez-Aguirre

EBEL, Circuit Judge.

Defendant-Appellant Gabriel Rodriguez-Aguirre (“Aguirre”) was charged in a superseding indictment with 17 counts of violating the federal drug laws. The superseding indictment charged Aguirre, inter alia, with engaging in a continuing criminal enterprise and with conspiracy to possess with intent to distribute both marijuana and cocaine. Prior to trial, Aguirre moved to dismiss the continuing criminal enterprise and conspiracy counts on grounds of double jeopardy. The district court denied the motion and Aguirre now appeals. We have jurisdiction under 28 U.S.C. § 1291. See…