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United States v. Hernandez

United States District Court, D. Maine

March 25, 2019

UNITED STATES OF AMERICA
v.
LUIS HERNANDEZ

          ORDER ON DEFENDANT'S MOTION TO DISMISS

          JOHN A. WOODCOCK, JR., UNITED STATES DISTRICT JUDGE.

         A 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 prejudice.

         I. BACKGROUND

         A. The 2016 Indictment and Conviction for Distribution

         On 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 reads:

COUNT ONE
(Distribution of Cocaine Base and Heroin)
on or about November 30, 2016, in the District of Maine, defendant
LUIS HERNANDEZ
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).

         It is further alleged that the penalty provisions of Title 21, United States Code, Section 841(b)(1)(C) apply to the conduct described herein.

         Distribution Indictment at 1.

         B. The 2018 Conspiracy Indictment

         On July 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:

         COUNT ONE

         (Conspiracy to Distribute and to Possess With Intent to Distribute Controlled Substances)

         From on 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, ”

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