United States v. Leal, No. 18-2083 (10th Cir. 2019)Annotate this Case
Gaspar Leal appealed the denial of his motion to dismiss the indictment. He argued the drug conspiracy charged in this case was the same conspiracy for which he was convicted in a previous case, and that continued prosecution would violate his double jeopardy rights. The district found the conspiracies were not interdependent, the indictment therefore charged a separate offense, thus double jeopardy did not apply. Finding no reversible error in that judgment, the Tenth Circuit affirmed denial of Leal’s motion.