United States v. Perez-Gonzalez, No. 17-1754 (1st Cir. 2020)
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The First Circuit affirmed Defendant's plea-based conviction for conspiracy to possess with intent to distribute, holding that Defendant's prosecution did not violate constitutional double jeopardy protections.
In 2011, Defendant pleaded guilty in the United States District Court of the District of Puerto Rico to conspiracy to possess with intent to distribute. In 2016, Defendant pleaded guilty in the United States District Court of the District of Puerto Rico to a drug trafficking conspiracy charge. Defendant appealed, arguing that his double jeopardy rights were violated because the two conspiracy prosecutions concerned conduct at the same "places" and charged him with violations of "the same statutory provision." The First Circuit affirmed, holding that there was a rational basis to conduct that the two conspiracies were distinct.
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