United States v. Jones, No. 15-4763 (4th Cir. 2017)Annotate this Case
In 2012, defendant pleaded guilty in the Eastern District of Virginia to conspiracy to possess with intent to distribute cocaine from July 2012 to August 22, 2012. In 2014, defendant was indicted in the Western District of Virginia for, among other offenses, conspiracy to possess with intent to distribute cocaine. The Government alleged that defendant operated a vast drug trafficking organization in the same area from 1998 through 2012. The Fourth Circuit held that double jeopardy barred defendant's follow-up prosecution in the Western District of Virginia for conspiracy to possess with intent to distribute cocaine in violation of 21 U.S.C. 846. The court explained that there was substantial, if not complete, overlap on each element of the double jeopardy analysis. Accordingly, the court reversed and remanded.