United States District Court, D. Maine
ORDER ON DEFENDANT'S MOTION TO DISMISS
A. WOODCOCK, JR., UNITED STATES DISTRICT JUDGE.
defendant raises a double jeopardy claim based on the
Government's prior conviction of the defendant for
distribution of cocaine base and heroin and its subsequent
indictment for his participation in a drug trafficking
conspiracy, based in part on the conduct underlying the
previous prosecution. Because the defendant fails to
establish a prima facie double jeopardy claim on the current
record, the Court denies the motion to dismiss without
The 2016 Indictment and Conviction for Distribution
October 8, 2015, Mr. Hernandez was arrested by the Maine
State Police and charged with trafficking scheduled drugs.
Def.'s Mot. to Dismiss at 1 (ECF No. 188)
(Def.'s Mot.). The state charge was later
dropped, and on February 2, 2017, a federal grand jury
indicted Mr. Hernandez on the charge of Distribution of
Cocaine Base and Heroin in violation of 21 U.S.C. §
841(a)(1). Id., Ex. 1, Indictment (ECF No.
188-1) (Distribution Indictment). Mr. Hernandez
pleaded guilty and the Court sentenced him to one year in
prison and three years of supervised release. Def.'s
Mot. at 1; USA v. Hernandez, Docket No.
17-cr-00026-JAW-1 (Prior Case). The indictment
(Distribution of Cocaine Base and Heroin)
on or about November 30, 2016, in the District of Maine,
knowingly and intentionally distributed a mixture or
substance containing cocaine base (crack), a Schedule II
controlled substance, and a mixture or substance containing
heroin, a Schedule I controlled substance, all in violation
of Title 21, United States Code, Section 841(a)(1).
further alleged that the penalty provisions of Title 21,
United States Code, Section 841(b)(1)(C) apply to the conduct
Indictment at 1.
The 2018 Conspiracy Indictment
18, 2018, a federal grand jury indicted Luis Hernandez along
with several other defendants for engaging in a drug
trafficking conspiracy in violation of federal criminal law.
Indictment, Docket 1:18-cr-00098-JAW-3 (ECF No. 2)
(Conspiracy Indictment). The indictment reads:
to Distribute and to Possess With Intent to Distribute
or about January 1, 2015 through on or about September 1,
2017, the exact dates being unknown to the Grand Jury, in the
District of Maine and elsewhere, the defendants
LUIS PADILLA, a/k/a “Twin, ”
DAMIAN PERRY, a/k/a “Primo, ”
LUIS HERNANDEZ, a/k/a “Flacco, ”
JASON MANNIX, a/k/a “Boston, ”
SAMMANTHA JOHNSON, a/k/a “Sam, ”