U.S. v. Faulkner

Dist. Ct. did not err in denying defendant’s motion to dismiss on grounds of double jeopardy his indictment on various conspiracy, firearms and drug charges, even though defendant argued that current indictment was based on conduct that was used to enhance his sentence on his prior conviction on charge of use of communication facility in facilitation of drug-related felony. Dist. Ct. made no explicit reference in prior sentencing hearing to conduct at issue in current indictment, and offenses at issue in relevant conduct determination in prior sentencing hearing were not identical to offenses contained in instant indictment. Moreover, under Witte, 515 US 389, there can be no Double Jeopardy Clause violation since any consideration of uncharged conduct in context of sentencing on prior conviction is not “punishment” for purposes of triggering protections under Double Jeopardy Clause.