United States v. Loan Kim Barker

Loan Kim Barker seeks dismissal of an indictment charging her with first degree murder and conspiracy to commit murder. Barker negotiated a plea agreement with the Government under which she pleaded guilty to second degree murder and the Government moved to dismiss the indictment. When Barker’s guilty plea was set aside, the Government reinstated the original indictment. Barker contends this reinstatement violated her rights under the double jeopardy clause.

We have jurisdiction under 28 U.S.C. § 1291 to review the district court’s refusal to dismiss the indictment. Abney v. United States, 431 U.S. 651, 662 , 97 S.Ct. 2034, 2041 , 52 L.Ed.2d 651 (1977). We affirm.

I

Barker and four other defendants were indicted for first degree murder and conspiracy to commit murder after the death of Barker’s husband, Albert. Because the crime occurred at the Barkers’ residence in Federal Aviation Authority housing on the island of Guam, the indictment alleged violations of 18 U.S.C. §§ 1111 and 1117. The Government charged that Barker and Joseph Reyes had hired the three other defendants to kill Albert Barker by injection of a lethal substance.

Barker and Reyes entered into plea agreements…