Sinclair Lee v. Probate Court of Davidson County, Tennessee and W.J. Michael Cody, Attorney General of Tennessee

MERRITT, Circuit Judge.

In this appeal from the District Court’s denial of appellant’s petition for habeas corpus relief, the only issue raised is whether the state’s prosecution of the defendant violated the double jeopardy clause of the Fifth Amendment. Because we find that the offenses at issue were separate and distinct, we hold that the second trial did not violate the double jeopardy clause. Accordingly, we affirm the decision of the District Court.

I

During the course of a search of the petitioner’s residence, both a small amount of marijuana and certain paraphernalia items adapted for…