April 26th, 2017

​United States v. McClure

Docket: 15-41641
Opinion Date: April 25, 2017
Judge: James Earl Graves, Jr.
Areas of Law: Criminal Law

Defendant plead guilty to being a felon in possession. On appeal, defendant challenged the denial of his motion to dismiss his indictment for narcotics trafficking, contending that prosecution of the charges is barred by the terms of a 2012 plea agreement. The court explained that information leading to that charge was obtained during the course of the Government's investigation of defendant for public corruption and narcotics trafficking, which eventually gave rise to the charges in the instant indictment. The court agreed with the district court that the instant charges were based on a separate and distinct course of conduct from the felon in possession offense to which defendant plead guilty. Accordingly, the court affirmed the judgment.