United States v. Thomas Crayton Sikes

15 F.3d 1094 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Thomas Crayton SIKES, Defendant-Appellant. No. 93-50084. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 9, 1993. Decided Jan. 3, 1994. Before: KOZINSKI, SILER, * and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Defendant Thomas Crayton Sikes was convicted of possession of methamphetamine ("simple possession"), under 21 U.S.C. Sec. 844 (a), in a prior prosecution. He was also implicitly acquitted of possession with intent to distribute methamphetamine ("distribution"), under 21 U.S.C. Sec. 841 (a), in that proceeding. Sikes now appeals the district court's refusal to dismiss the superseding indictment in a second prosecution charging him with conspiracy to distribute methamphetamine, in violation of 21 U.S.C. Sec. 846 . Sikes claims: (1) double jeopardy bars prosecution of the conspiracy charge and (2) collateral estoppel precludes…