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U.S. v. GAMBLE

Nos. 97-1181, 97-1238.

141 F.3d 621 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Brent C. GAMBLE, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided April 3, 1998.

Attorney(s) appearing for the Case

Jonathan Epstein (argued and briefed), Federal Public Defenders Office, Detroit, MI, for Defendant-Appellant.

David Debold (argued and briefed), Office of the U.S. Attorney, Detroit, MI, for Plaintiff-Appellee.

Before: SILER, BATCHELDER, and GIBSON, Circuit Judges.

OPINION

BATCHELDER, Circuit Judge.

This case presents us with the question of whether double jeopardy precludes a second prosecution of a defendant under the federal carjacking statute, where the first prosecution was dismissed for lack of the jurisdictional element before the case ever went to trial. For the reasons that follow, we hold that double jeopardy does not bar such a prosecution.

I. BACKGROUND

On June 6, 1996, Brent Gamble was...

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