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U.S. v. MACK

No. 91-3010.

938 F.2d 678 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Eric MACK, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided July 16, 1991.

Attorney(s) appearing for the Case

Linda M. Betzer, Asst. U.S. Atty., Office of the U.S. Atty., Cleveland, Ohio, for plaintiff-appellee.

Debra M. Hughes, (argued), Office of the Federal Public Defender, Cleveland, Ohio, for defendant-appellant.

Before KEITH and BOGGS, Circuit Judges, and RUBIN, District Judge.

CARL B. RUBIN, District Judge.

This interlocutory appeal asserts a conflict between the procedures under the Sentencing Guidelines and the Fifth Amendment prohibition against Double Jeopardy1. The Court finds no conflict to exist and affirms the decision of the District Court.

The assertion of such a conflict, however, requires consideration of issues beyond the factual background of this...

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