United States v. Wilson, No. 18-2591 (8th Cir. 2019)
Annotate this CaseThe Eighth Circuit affirmed the district court's denial of defendant's motion to dismiss the indictment on double jeopardy grounds. The court held that the same conduct can result in both a revocation of a defendant's supervised release and a separate criminal conviction without raising double jeopardy concerns. In this case, the imposition of defendant's sentence under 18 U.S.C. 3583(g) was a sanction rather than a punishment for a separate offense, and thus criminal prosecution did not violate double jeopardy.
Court Description: Erickson, Author, with Smith, Chief Judge, and Colloton, Circuit Judge] Criminal case - Criminal law. It has long been the jurisprudence of this court that the same conduct can result in both a revocation of supervised release and a separate criminal conviction without raising double jeopardy concerns; the imposition of a sentence under 18 U.S.C. Sec. 3583(g) is a sanction rather than a punishment for a separate offense, and the separate criminal prosecution does not constitute double jeopardy.
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