Kendrick

MEMORANDUM *

Aziza Kendrick was charged with (1) conspiracy to distribute or possess with intent to distribute 3,4 — -methylenedioxymethamphetamine (“ecstasy” or “MDMA”) in violation of 21 U.S.C. § 846 (Count One), (2) conspiracy to import ecstasy in violation of 21 U.S.C. § 963 (Count Two), and (3) aiding and abetting the importation of ecstasy, in violation of 21 U.S.C. § 952 (a) and 18 U.S.C. § 2 (a) (Count 10). During her initial trial, the jury acquitted Kendrick on Count One, but deadlocked on Counts Two and Ten. During the retrial of Counts Two and Ten, the jury returned a guilty verdict on both charges. On appeal, Kendrick asserts that the district court incorrectly held that the doctrine of collateral estoppel did not preclude her retrial on Counts Two and Ten. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

We review de novo a district court’s application of collateral estoppel. Littlejohn v. United States, 321 F.3d 915, 919 (9th Cir.), cert. denied, — U.S. -, 124 S.Ct. 486 , 157 L.Ed.2d 377 (2003). Collateral estoppel applies in criminal cases through the constitutional protection against double jeopardy. United States v. Richard, 892 F.2d 761, 762…