PEOPLE of the Territory of Guam, Plaintiff-Appellee, v. Francis L. GILL, Defendant-Appellant

OVERVIEW

Francis L. Gill appeals the District Court of Guam, Appellate Division’s reversal of the Guam Superior Court’s order dismissing on double jeopardy grounds the second of two indictments charging Gill with conspiracy to commit theft of government land. The Appellate Division determined that by successfully opposing the government’s motion to consolidate the two indictments, Gill had relinquished his right to raise a double jeopardy claim. We have jurisdiction over this timely appeal pursuant to 48 U.S.C. § 1424— 3(c), and we affirm.

BACKGROUND

In October 1990, the government filed a superseding indictment against Gill, Thomas T. Anderson, and Joseph B. Cruz alleging, inter alia, a conspiracy to steal land belonging to the Territory of Guam, attempted theft, and conspiracy to tamper with records (“1990 indictment”). In May 1991, the territorial grand jury returned a second indictment against Gill, alleging Gill and Anderson conspired to steal different tracts of government land (“1991 indictment”).

Prior to trial, the government filed a motion to consolidate the two indictments pursuant to 8 Guam Code Ann. § 65.30 (a), which allows a court to “order two or more…