U.S. v. Lockett

In prosecution on drug distribution charges, where defendant pleaded guilty to simultaneous possession of two different illegal drugs, defendant waived claim that his sentence violated Double Jeopardy Clause (because he was punished twice for same offense), where defendant failed to raise said issue in pre-trial motion. Ct. further rejected on plain error standard defendant’s argument that his guilty plea must be vacated because he was unaware of instant Double Jeopardy Clause issue at time he entered into guilty plea, since: (1) seven other Courts of Appeal have found that simultaneous possession of two different drugs was two separate crimes, with no other Courts of Appeal holding otherwise; and (2) defendant could not establish that it was plain error to reject his claim under instant established case law.