United States v. Mark Douglas Flick, United States of America v. William Patrick Gallagher

Appellants Mark Flick and William Gallagher appeal from orders of the district court denying their pretrial motions to dismiss the indictment returned against them in United States v. Cantelme. They claim that the Cantelme indictment, from which these appeals are taken, is barred by the double jeopardy clause of the fifth amendment. We have jurisdiction of these interlocutory appeals under 28 U.S.C. § 1291 (1976) . See Abney v. United States, 431 U.S. 651 , 97 S.Ct. 2034 , 52 L.Ed.2d 651 (1977) . We reverse the district court orders and remand for a further hearing.

I.

On November 17, 1982, a 37-count indictment was returned in United States v. Cantelme charging appellants and nine other defendants as follows: Count One charges a conspiracy between January 1, 1980, and the date of the indictment to possess with intent to distribute and to distribute cocaine, in violation of 21 U.S.C. §§ 841 (a)(1) (1976) and 846. Count One further charges that “[i]t was part of the conspiracy to establish a network for distributing the cocaine through individuals who are or were employed by the City of Phoenix Fire Department as firefighters or paramedics.” Counts Two through Thirty Six charge…