Sablan

MEMORANDUM *

Jesus Taitano Sabían appeals the denial of his motion to dismiss a federal indictment on the basis that prosecution of the pending federal charges is barred by the principle of collateral estoppel embodied in the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s denial of a motion to dismiss an indictment based upon double jeopardy and collateral estoppel. United States v. Castillo-Basa, 483 F.3d 890, 895 (9th Cir.2007). We review the district court’s factual findings, on which the denial may be based, for clear error. Id. We affirm.

We begin by noting that the basis for the pending charges is Sablan’s admitted theft of two cases of beer from a local store and his use of a gun in that crime. Although the allegations in the indictment may satisfy the technical requirements for a Hobbs Act violation, we question the wisdom of pursuing such charges where the conduct at issue appears classically suited to prosecution by Commonwealth authorities.

The constitutional protection against double jeopardy encompasses principles of res judicata (claim preclusion)…