United States v. Raifsnider

GRUENDER, Circuit Judge.

In 2005, Edward Raifsnider pled guilty to a federal firearm violation pursuant to a written plea agreement. In 2008, he was indicted on federal fraud charges, and he subsequently moved to dismiss the indictment as precluded by the 2005 plea agreement. After the district court 1 denied the motion to dismiss, Raifsnider pled guilty but reserved the right to appeal the preclusion issue. See Fed.R.Crim.P. 11(a)(2). Raifsnider now challenges the district court’s failure to dismiss the indictment. We affirm.

I. BACKGROUND

In 2005, Raifsnider pled guilty in the Western District…