United States v. Iverson Troy Brown

Reversed and remanded by published opinion. Judge ERVIN wrote the opinion, in which Judge LUTTIG and Senior Judge Butzner joined.

OPINION

ERVIN, Circuit Judge:

The United States appeals the district court’s grant of a writ of habeas corpus on the basis of double jeopardy in this case involving successive prosecutions for drug distribution offenses. In 1987, Iverson Troy Brown pled guilty to conspiracy to possess with intent to distribute and distribution of marijuana. In 1991, Brown was indicted for engaging in a continuing criminal enterprise (CCE) that involved the distribution of marijuana…