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Acquittal on Substantive Drug Charges Doesn't Bar Further Prosecution for Drug Conspiracy

By Jonathan Byrne

US v. Yearwood: Yearwood was originally charged with conspiracy to distribute crack and distribution/aiding and abetting the distribution of crack. At his first trial, he was acquitted on the distribution charge and the jury hung on the conspiracy charge. At a second trial on the conspiracy charge, Yearwood argued that Double Jeopardy precluded the second prosecution, arguing that in acquitting him on the distribution charge the first jury resolved an issue of ultimate fact needed to find him guilty on the conspiracy charged. The district court rejected that argument and Yearwood was convictedThe Fourth Circuit affirmed, concluding no Double Jeopardy violation occurred. First, the court determined that distribution and conspiracy have distinct elements and thus are not the same offense...continue to full post

Full post as published by Fourth Circuit Blog on March 12, 2008 (boomark / email).