United States v. Juan Salinas
Court of Appeals for the Fifth Circuit
1Opinion of the Court
JOHNSON, Circuit Judge:
Juan Salinas, convicted on both conspiracy and substantive counts of possession with intent to distribute heroin, has alleged that he was twice put in jeopardy for the same offense. 1 In briefing the double jeopardy issue, defendant Salinas’ counsel argued that Rule 48(a) of the Federal Rules of Criminal Procedure had been infringed. Because we find an infraction of Rule 48(a), we do not reach the constitutional question of double jeopardy.
I. Background
On May 6, 1980, Juan Salinas and Margarito Rodriguez Zamorano were named as co-conspirators in a four-count indictment…
2Cases cited11 opinions
- Green v. United StatesSupreme Court of the United States · 1957
- Klopfer v. North CarolinaSupreme Court of the United States · 1967
- Crist v. BretzSupreme Court of the United States · 1978
- United States v. CoxCourt of Appeals for the Fifth Circuit · 1965
- Rinaldi v. United StatesSupreme Court of the United States · 1977
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3Cited by83 opinions
- United States v. Janice Wallace, United States of America v. Elmore PennCourt of Appeals for the Ninth Circuit · 1988
- In RE LEROY RICHARDS, AppellantCourt of Appeals for the Third Circuit · 2000
- United States v. RaineriCourt of Appeals for the First Circuit · 1994
- Myers v. FrazierWest Virginia Supreme Court · 1984
- United States v. Clifford OlsonCourt of Appeals for the Seventh Circuit · 1988
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