Legal Opinion
United States v. Gonzalez
Court of Appeals for the Tenth Circuit
Decided May 2, 2001No. 00-1284PublishedCited by 15 opinions
1Opinion of the Court
PAUL KELLY, Jr., Circuit Judge.
The government appeals from the district court’s dismissal of the indictment against Frank Gonzales. We have jurisdiction under 18 U.S.C. § 3731 if double jeopardy does not bar the appeal. United States v. Hunt, 212 F.3d 539, 542-43 (10th Cir.2000). We conclude that the appeal is not barred by double jeopardy and reverse and remand for further proceedings.
Background
Frank Gonzalez and his co-defendant, Miguel Espinoza, were charged with (1) conspiracy to distribute and possess with intent to distribute heroin and cocaine, 21 U.S.C. §§ 841(a)(1), (b)(1)(A), 846;…
2Cases cited12 opinions
- Oregon v. KennedySupreme Court of the United States · 1982
- Barnhill v. United StatesCourt of Appeals for the Seventh Circuit · 1993
- United States v. PowellCourt of Appeals for the Tenth Circuit · 1992
- United States v. William A. Kilpatrick, Declan J. O'donnell, Sheila C. Lerner, the Bank of Nova Scotia, Michael Alberga, C.S. Gill, and C.M. SmithCourt of Appeals for the Tenth Circuit · 1987
- United States v. Michael Wayne EatonCourt of Appeals for the Ninth Circuit · 1994
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3Cited by15 opinions
- People v. BattsCalifornia Supreme Court · 2003
- State v. Michael J.Supreme Court of Connecticut · 2005
- United States v. TafoyaCourt of Appeals for the Tenth Circuit · 2009
- United States v. Kenneth Williams, A/K/A JuniorCourt of Appeals for the Third Circuit · 2007
- United States v. BarnwellDistrict Court, E.D. Michigan · 2008
10 more not listed; retrieve them via the Exa API.