United States v. David Rowland Lee Vaughan

TANG, Circuit Judge:

Vaughan appeals from a judgment of conviction entered upon his plea of guilty to Count Two of an indictment handed down in 1982. He argues that the district court erred in finding that prosecution under Count Two was not barred by the double jeopardy clause of the United States Constitution. He asserts that the conspiracy charged in Count Two of the 1982 indictment was the same conspiracy for which he was charged in an indictment handed down in 1977. We conclude that jeopardy never attached with respect to the 1977 charge and therefore prosecution under the 1982 indictment…