United States v. Szpyt, No. 13-1543 (1st Cir. 2015)
Annotate this CaseIn 2008, the government returned an indictment charging Appellees and sixteen others with drug-related crimes. After a jury trial, Appellees, along with one other defendant, were found guilty of conspiracy to distribute and possess with intent to distribute cocaine and marijuana. The evidence presented at trial established at least two conspiracies. The First Circuit vacated Appellees’ convictions, holding (1) there was insufficient evidence to support Appellees’ convictions on the first conspiracy, but (2) there was arguably sufficient evidence to convict Appellees on the other conspiracy, an uncharged conspiracy to distribute only cocaine. The Court vacated the convictions due to a material variance between the second conspiracy and the single overarching conspiracy charged in the indictment. The district court entered a judgment of acquittal. Subsequently, the government obtained a new indictment charging Appellees with conspiracy to distribute and possess with intent to distribute cocaine. The district court dismissed the indictment on double jeopardy grounds. The government appealed, arguing that the current indictment alleged a factually distinct and separate conspiracy from the earlier indictment and conviction. The First Circuit reversed, holding that the government’s decision to bring the current indictment charging Appellees with the second conspiracy was not barred by the Double Jeopardy Clause.
The court issued a subsequent related opinion or order on June 2, 2015.
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