United States v. Faulkner, No. 14-3332 (7th Cir. 2015)
Annotate this CaseIn 2011 Faulkner pleaded guilty to two counts of the use of a communication facility in facilitation of a drug-related felony; he was sentenced to a 91-month term of imprisonment. Two years later, he and other members of the Imperial Insane Vice Lords gang, were indicted on conspiracy, firearms, and drug charges. Faulkner moved to dismiss the new indictment, arguing that the judge enhanced his 2011 sentence based on the same conduct that the 2013 indictment covered and that the charges included in the 2011 indictment (which were dropped pursuant to a plea agreement) are the same as those in the later indictment. The Seventh Circuit affirmed dismissal. Faulkner’s multiple punishment claim is precluded by precedent. His effort to show that he is the victim of multiple prosecutions for the same offense failed because he did not establish that the offenses with which he was charged and to which he pleaded guilty in 2011 are identical to those alleged in his later indictment.
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