Opinion of the Court — United States v. Garcia

This writing

Type: Opinion of the Court
Filed: April 1, 2002
Case: United States v. Garcia
Case status: Decided

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Opening text

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SUMMARY ORDER AFTER ARGUMENT AND UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of the District Court is hereby AFFIRMED. Defendant-Appellant Jose Antonio Garcia appeals from a judgment of conviction entered by the United States District Court for the Southern District of New York (Louis L. Stanton, Judge) following a guilty plea to conspiring to distribute and possessing with intent to distribute more than one kilogram of heroin in violation of 21 U.S.C. § 846 . Garcia raises only one issue on appeal, contending that his prosecution violated the Double Jeopardy Clause of the Fifth Amendment. For the reasons that follow, we reject his claim. From approximately August 1995 to August 1996, Garcia participated in a conspiracy to distribute large quantities of heroin in upper Manhattan and the Bronx. In June 1996, Garcia fled to the Dominican Republic because he suspected that *58 authorities were investigating his operation. However, he continued to participate in the conspiracy, directing the activities of his coconspirators and running the operation by telephone. In September 1996, an indictment was filed in the Southern District of New York cha…

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