United States v. Edward Frank Snell

The Government appeals from the district court’s dismissal of an indictment against Snell. We reverse and remand.

I. Statement of the Case

Snell was originally convicted of attempted extortion in violation of 18 U.S.C. § 1951 and conspiracy to commit bank robbery in violation of 18 U.S.C. §§ 371 , 2113(a). On appeal, this court affirmed the conspiracy conviction but reversed the extortion conviction. United States v. Snell, 550 F.2d 515 (9th Cir. 1977) [Snell I]. We held that Snell could not properly be charged for attempted extortion because “the bank robbery statute provides the exclusive remedy for conduct within its coverage.” Id. at 518 .

On remand, the Government obtained an indictment charging Snell with attempted bank robbery in violation of 18 U.S.C. § 2113 (a). Snell moved for dismissal on the grounds that the prosecution would violate his rights under the double jeopardy and due process clauses of the Constitution. The district court dismissed the indictment.

II. Double Jeopardy Claim

Snell contends that given his conviction for conspiracy to commit bank robbery and attempted extortion, the double jeopardy clause precludes a subsequent prosecution for attempted…