United States v. Salvatore Guido, United States of America v. Douglas Boyle

Salvatore Guido and Douglas Boyle appeal from convictions entered in the United States District Court for the District of Arizona (Craig, J.) after a bench trial. They were convicted under Count II of an indictment charging conspiracy to possess marijuana with intent to distribute in violation of 21 U.S.C. § 846 . Prior thereto, they had been convicted in the Eastern District of California of a conspiracy which they claim to be identical although covering a different period. They contend that the Arizona prosecution violated their rights under the Fifth Amendment not to be (a) twice placed in jeopardy and (b) deprived of due process by being subjected to piecemeal prosecution.

This appeal involves two indictments and convictions. The first indictment, charging defendants with conspiracy to import mari juana from April 29, 1977 through May 12, 1977, was returned on May 17,1977 and the second indictment, charging defendants with conspiracy to import and possess marijuana with intent to distribute from March 1, 1976 through November 15, 1976, was returned on May 2, 1978. Although the Arizona indictment was returned second, it covered a period prior to the period covered by the…