United States v. Mark William Richardson, United States of America v. John Douglas Gibbs

Richardson and Gibbs appeal from the denial of their motion to dismiss the indictment on double jeopardy grounds. We affirm.

On November 8,1976, agents of the Drug Enforcement Agency (DEA) received information that two United States citizens would be transporting a large quantity of cocaine from El Salvador to the United States by way of Guatemala and Mexico. This information was relayed by the DEA to the national police of Guatemala. Utilizing this information, on November 12, 1976 Guatemalan police stopped and searched Richardson and Gibbs as they were entering Guatemala from El Salvador. An examination of their belongings revealed approximately thirteen kilograms of cocaine.

The Guatemalan authorities instituted criminal proceedings against the appellants. Subsequently, Richardson and Gibbs were found guilty of conducting unlawful traffic in narcotics and were sentenced to prison terms and fined. Pursuant to commutability provisions of their sentences, appellants purchased their freedom, and on April 2, 1977 they were deported to the United States.

On returning to this country, Richardson and Gibbs were indicted for conspiracy to import, possess with intent to distribute,…