US v. McIntosh, No. 08-15449

By FindLaw Staff on August 27, 2009 | Last updated on March 21, 2019

In a drug and firearm prosecution, denial of defendant's motion to dismiss the indictment on Double Jeopardy grounds is reversed where a defendant whose conviction has not been vacated may not be indicted again for the same offenses without violating the Double Jeopardy Clause when the government obtained a dismissal of the original indictment after the defendant pleaded guilty to it.