Argued: March 23, 2017
from the United States District Court for the Western
District of Virginia, at Lynchburg. Norman K. Moon, Senior
District Judge. (6:14-cr-00015-NKM-1)
John Pafford, PAFFORD LAW FIRM, PLLC, Lynchburg, Virginia,
Marie Harrigan Kulpa, OFFICE OF THE UNITED STATES ATTORNEY,
Charlottesville, Virginia, for Appellee.
P. Fishwick, Jr., United States Attorney, Craig J. Jacobsen,
Assistant United States Attorney, OFFICE OF THE UNITED STATES
ATTORNEY, Roanoke, Virginia, for Appellee.
MOTZ, THACKER, and HARRIS, Circuit Judges.
and remanded by published opinion. Judge Thacker wrote the
opinion, in which Judge Motz and Judge Harris joined.
THACKER, Circuit Judge:
October 10, 2012, Edward Jones ("Appellant") pled
guilty to a one count information in the Eastern District of
Virginia alleging conspiracy to possess with intent to
distribute cocaine. Per the information to which Appellant
pled guilty, the Government alleged that from July 2012 to
August 22, 2012, Appellant, along with two other people,
conspired to purchase 17 kilograms of cocaine from a Drug
Enforcement Agency Confidential Informant ("CI") in
Lynchburg, Virginia. Thereafter, on July 24, 2014, Appellant
was indicted in the Western District of Virginia for, among
other offenses, conspiracy to possess with intent to
distribute cocaine. In that conspiracy, the Government
alleged that Appellant along with others -- including the
same two people involved in the conspiracy to which he had
previously pled guilty in the Eastern District of Virginia
--operated a vast drug trafficking organization in the
Lynchburg, Virginia area from 1998 through 2012.
moved to dismiss the Western District of Virginia indictment
on double jeopardy grounds. The district court denied the
motion, reasoning that the longer time span and broader scope
of the conspiracy alleged in the Western District of Virginia
differentiated it from the conspiracy to which Appellant pled
guilty in the Eastern District.
reverse. In the context of successive conspiracy
prosecutions, we look at the characteristics of the
conspiracy -- substantive violation, personnel, location,
time span, and nature and scope -- to determine whether
double jeopardy bars a second conspiracy prosecution. See
United States v. Jarvis, 7 F.3d 404, 410-11 (4th Cir.
1993). In this case, there is substantial if not complete
overlap on each element of our double jeopardy analysis. We
therefore hold double jeopardy bars Appellant's follow-on
prosecution in the Western District of Virginia for
conspiracy to possess with intent to distribute cocaine in
violation of 21 U.S.C. § 846.
2012, Alejandro Martinez-Mata contacted a CI in Richmond,
Virginia, to arrange a purchase of multiple kilograms of
cocaine. After preliminary negotiations over the phone,
co-conspirators Martinez-Mata and Roberto Sanchez-Rogue met
the CI in Danville, Virginia. They agreed to a sale of 17
kilograms of cocaine for $30, 000 a kilogram ($510, 000
total). Thereafter, on August 22, 2012, Martinez-Mata and
Sanchez-Rogue met the CI at a restaurant in Lynchburg to
consummate the deal. The CI and Sanchez-Rogue then proceeded
to the Kirkley Hotel in Lynchburg, Virginia, where they met
Appellant. All three walked into a hotel room where law
enforcement officials were waiting and arrested Appellant and
Sanchez-Rogue. Law enforcement officials confiscated $570,
359.00 from Appellant (the "Kirkley Hotel
October 10, 2012, Appellant pled guilty in the Eastern
District of Virginia to one count of conspiracy to possess
with intent to distribute cocaine in violation of 21 U.S.C.
§ 846. As a result, Appellant was sentenced to 135
months in prison.
24, 2014, Appellant was indicted in the Western District of
Virginia for, among other offenses, one count of conspiracy
to possess with intent to distribute cocaine in violation of
21 U.S.C. § 846. Appellant was indicted on the
conspiracy count along with alleged co-conspirators Bryce
Carter, Carlos Jackson, Jeroid Matthews, Tony Monroe, Tyrone
Lewis, Lateef Jones, and Randall Falwell.
connection with this conspiracy count, the Government alleged
that Appellant "was the leader of [a] drug trafficking
organization which was responsible for distributing more than
1, 000 kilograms of cocaine in the Lynchburg area over the
span of approximately 14 years" from 1998 until 2012.
Sentencing Memorandum, United States v. Carter, No:
6-14-cr-00015 (W.D. Va. March 7, 2017), ECF No. 353, 2-3
(hereinafter Carter Sentencing Memorandum). As alleged, the
Lynchburg drug trafficking organization obtained ...