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U.S. v. McHAN

No. 91-5187.

966 F.2d 134 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Charles William McHAN, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided May 4, 1992.

As Amended June 1, 1992.

Attorney(s) appearing for the Case

Sean Patrick Devereux, Whaley, Hay, Pitts, Hugenschmidt, Master, Devereux & Belser, P.A., Asheville, N.C., argued, for defendant-appellant.

Max O. Cogburn, B. Frederic Williams, Jr., Asst. U.S. Attys., argued (Thomas J. Ashcraft, U.S. Atty., Asheville, N.C., on brief), for plaintiff-appellee.

Before HALL, NIEMEYER, and LUTTIG, Circuit Judges.

NIEMEYER, Circuit Judge:

In this interlocutory appeal Charles William McHan, invoking the Double Jeopardy Clause of the Fifth Amendment, attempts to bar his prosecution under Count 1 of the indictment in this case for his role in a 1984-86 conspiracy and under Count 16 for his role in a continuing criminal enterprise during the period 1984-88 because he pled guilty in 1988 to an indictment charging him with a drug conspiracy in March-May 1988. He contends (1) that...

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