United States v. Alfred Darnell Ford

We must decide whether the United States is barred by double jeopardy or collateral estoppel from prosecuting an owner for “managing and controlling” real estate for the purpose of distributing cocaine when he was previously acquitted of “knowingly opening” the same place for such purpose.

I

. In March 2001, a joint federal and local law enforcement sting operation targeted a piece of commercial property in Fresno, California, partially owned by Alfred Darnell Ford. Law enforcement officials from the Fresno Police Department and the United States Drug Enforcement Agency directed a paid informant to visit the property. The informant and an employee of Ford’s met several times over a few days, sometimes with a second informant and undercover officers, eventually discussing a possible drug sale. After negotiations for a significant drug purchase broke off, officers arrived at the property and arrested several people, including Ford.

A federal grand jury in the Eastern District of California duly returned indictments against Ford and two other men, charging them with conspiracy to possess with intent to distribute cocaine, 21 U.S.C. § 846 , and possession with intent to distribute…