United States v. Alexander Benjamin Chases

Chases was convicted after a court trial on stipulated facts of possession of marijuana with intent to distribute in violation of 21 U.S.C. § 841 (a)(1). On appeal, he contends that the filing of a series of indictments, “each arising out of the same episode or transaction,” violated the double jeopardy, due process and speedy trial clauses of the Fifth and Sixth Amendments. We affirm.

The double jeopardy argument is without merit. Although named in four separate indictments, Chases was prosecuted for and convicted of only two crimes: conspiracy to import and possess marijuana with intent to distribute (affirmed today in the companion case of United States v. Chases, 558 F.2d 1038 ), and possession of marijuana with intent to distribute (the conviction challenged on this appeal). On the government’s post-convictions motion, all other charges and indictments — including the conspiracy count in the two count indictment giving rise to the conviction challenged here — were dismissed with prejudice. The conspiracy and possession convictions clearly implicate no double jeopardy principles. Conspiracy to commit an illegal act and the commission of that act — the substantive offense —…