United States v. Michael Keith Sears

46 F.3d 1148 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Michael Keith SEARS, Defendant-Appellant. No. 94-10202. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 11, 1995. Decided Jan. 17, 1995. Before: ALDISERT, * GOODWIN and SCHROEDER, Circuit Judges. 1 MEMORANDUM ** 2 Michael Sears brings this interlocutory appeal from the Nevada district court's denial of his motion to dismiss the indictment. The indictment accuses Sears of numerous crimes arising out of a vast marijuana importation conspiracy. In 1988, Sears entered a negotiated guilty plea to similar charges in the district court for the Northern District of California. Pointing to those earlier charges, Sears claims that the Nevada indictment subjects him to double jeopardy. His view is that the government has taken one continuing conspiracy and divided it into two smaller conspiracies. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291…