United States of America, Plaintiff-appellee, v. Ramon Fierro-gaxiola, Defendant-appellant, 959 F.2d 242 (9th Cir. 1992)

Before JAMES R. BROWNING, D.W. NELSON and CANBY, Circuit Judges

MEMORANDUM^* 

Fierro-Gaxiola appeals the denial of his motion to dismiss the indictment against him alleging conspiracy to possess and distribute cocaine. He claims the conspiracy prosecution violates the double jeopardy clause because he previously pled guilty to conduct constituting one of the overt acts alleged in the indictment.

We affirm. " [P]rosecution of a defendant for conspiracy, where certain of the overt acts relied upon by the Government are based on substantive offenses for which the defendant has been previously convicted, does not violate the Double Jeopardy Clause." United States v. Felix, No. 90-1599, 1992 WL S4344, at * 2, 1992 U.S. LEXIS 1954, at * 6 (Mar. 25, 1992).

AFFIRMED.