US v. Cornelius. 09-2584

Conviction of defendant for crack cocaine related crimes is vacated and remanded to hold an evidentiary hearing on the issue of double jeopardy violation

US v. Cornelius. 09-2584, concerned a challenge to the district court's denial of defendant's motion to dismiss his indictment on constitutional speedy trial and double jeopardy grounds, while granting his motion under the Speedy Trial Act, in a prosecution of defendant for possession with intent to distribute more than five grams of crack cocaine.

The court dismissed defendant's constitutional and statutory speedy trial claims for lack of subject matter jurisdiction because his prosecution is ongoing, as neither ruling is currently a final decision appealable under 28 U.S.C. section 1291, nor does either fit within the collateral order doctrine.  However, the court vacated the district court's ruling on the double jeopardy issue as the district court erred by not holding a evidentiary hearing before making a determination as to whether the prosecutor intentionally tried to trigger a mistrial, and the matter is remanded so that such a hearing can occur.

Related Link:

• Read the Seventh Circuit's Decision in US v. Cornelius. 09-2584