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United States v. Jackson

filed: September 27, 1995.

UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
LOWELL E. JACKSON, JR., DEFENDANT-APPELLANT. UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE, V. TARHONNE M. BOYD, DEFENDANT-APPELLANT



Appeal from the United States District Court for the District of Oregon; Robert E. Jones, District Judge, Presiding; D.C. No. CR 94-188-05-REJ; D.C. No. CR-94-188-01-RE.

Schroeder, Reinhardt, and Fernandez, Circuit Judges

MEMORANDUM

Lowell Jackson Jr. and Tarhonne Boyd appeal the district court's denial of their motion to dismiss the indictment against them on double jeopardy grounds. We affirm.

Discussion

On June 20, 1995, we decided United States v. Brown, 59 F.3d 102 (9th Cir. 1995), in which we held that double jeopardy does not bar a criminal prosecution based on conduct for which prison officials have already imposed administrative discipline. Brown was one of Jackson and Boyd's codefendants, and Jackson and Boyd merely joined in the motion filed by Brown before the district court. They did not advance any additional argument.

Because the question presented by Jackson and Boyd's appeal has already been decided as to their codefendant, we must follow that ruling under the law of the case doctrine. See United States v. Schaff, 948 F.2d 501, 506 (9th Cir. 1991).

AFFIRMED.

Disposition

AFFIRMED.

19950927

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