United States v. Jaime Suniga

MEMORANDUM

Jaime Suniga appeals the district court’s denial of his motion to dismiss the superseding indictment on the grounds that the Government violated the Double Jeopardy Clause and his right to a speedy trial. We have jurisdiction under 28 U.S.C. § 1291 . See Abney v. United States, 431 U.S. 651, 662 , 97 S.Ct. 2034 , 52 L.Ed.2d 651 (1977). We review the district court’s legal conclusions de novo, United States v. Ziskin, 360 F.3d 934, 943 (9th Cir.2003), and we affirm.

The district court correctly concluded, based on the evidence before it that the Superseding Indictment did not violate the Double Jeopardy Clause. The Double Jeopardy Clause provides that no person shall “be subject for the same offense to be twice put in jeopardy of life or limb.” U.S. Const, amend. V. In the context of conspiracy charges, “[it] prohibits the government from splitting a single conspiratorial agreement] into separate charges and bringing successive prosecutions against a [criminal] defendant.” Ziskin, 360 F.3d at 943 ; see also United States v. Stoddard, 111 F.3d 1450, 1454 (9th Cir.1997). It also “prohibits subdivision of a single conspiracy into multiple violations of one conspiracy…