United States v. Lance Nevell

9 F.3d 1555 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Lance NEVELL, Defendant-Appellant. No. 93-10187. United States Court of Appeals, Ninth Circuit. Submitted Sept. 24, 1993. * Decided Oct. 25, 1993. Before: KILKENNY, SNEED, and FERGUSON, Circuit Judges. 1 MEMORANDUM ** 2 Lance Leonard Nevell appeals a district court order denying his motion to dismiss the indictment against him on the grounds of double jeopardy. Nevell contends that the Double Jeopardy Clause barred his criminal prosecution for possessing heroin in prison following the prison's administrative proceedings based on the same incident. We affirm the denial of his motion to dismiss and thereby also affirm his conviction for possession of heroin. I. FACTS AND PRIOR PROCEEDINGS 3 On October 29, 1991, Nevell was incarcerated at the Federal Correctional Institution at Tuscon, Arizona, where he was awaiting sentencing after being convicted of making a false…