United States v. Jaime Figueroa-Soto
Opinion
Opinion
Noonan, J.
Jaime Figueroa-Soto (Figueroa) makes an interlocutory appeal from an order of the district court holding that his federal prosecution for narcotics offenses does not place him in double jeopardy. We affirm.
JURISDICTION
Jurisdiction for this interlocutory appeal from a ruling on double jeopardy lies with this court. Abney v. United States, 431 U.S. 651 , 97 S.Ct. 2034 , 52 L.Ed.2d 651 (1977).
PROCEEDINGS
In December 1989 Figueroa was tried and convicted in Pima County Court, Arizona of conducting a criminal enterprise and of money laundering. In 1990 Figueroa was federally indicted and charged with 14 counts of possession of marijuana with intent to distribute; conspiracy to possess with intent to distribute; and a continuing criminal enterprise. The dates during which these crimes allegedly took place overlap with the dates of the crimes of which Figueroa was convicted in Arizona.
Figueroa moved to dismiss the federal prosecution on the grounds of double jeopardy. The district court held an evidentia-ry hearing, took testimony for three days and then dismissed the motion. Subsequently the district court ruled that the motion was frivolous and dilatory.