Garrett v. United States (471 U.S. 773)

U.S. Supreme Court · decided June 3, 1985 · Supreme Court Database (Spaeth)

Citation
471 U.S. 773 · 105 S. Ct. 2407
Decided
June 3, 1985
Term
October Term 1984
Vote
5–3
Majority author
Justice Rehnquist
Issue area
Criminal Procedure
Disposition
Affirmed
Outcome
Petitioning party lost
Ideological direction
Conservative

Opinion excerpt

Justice Rehnquist, delivered the opinion of the Court. This case requires us to examine the double jeopardy implications of a prosecution for engaging in a “continuing criminal enterprise” (CCE), in violation of the Comprehensive Drug Abuse Prevention and Control Act of 1970, 21 U. S. C. § 848, when facts underlying a prior conviction are offered to prove one of three predicate offenses that must be shown to make out a CCE violation. Petitioner Jonathan Garrett contends that his prior conviction is a lesser included offense of the CCE charge, and, therefore, that the CCE prosecution is barred under Brown v. Ohio, 432 U. S. 161 (1977). Between 1976 and 1981, Garrett directed an extensive marihuana importation and distribution operation involving offloading, transporting, and storing boatloads of marihuana. These activities and related meetings and telephone calls occurred in several States, including Arkansas, Florida, Georgia, Louisiana, Massachusetts, Michigan, Texas, and Washington. In March 1981, Garrett was charged in three substantive counts of an indictment in the Western District of Washington for his role in the off-loading and landing of approximately 12,000 pounds of marihuana from a “mother ship” at Neah Bay, Washington. He was named as a co-conspirator, but not indicted, in a fourth count charging conspiracy to import marihuana. Having learned that he was being…

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