DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
192247P.pdf 12/15/2020 United States v. Jose Carrillo
U.S. Court of Appeals Case No: 19-2247
U.S. District Court for the Southern District of Iowa - Council Bluffs
[PUBLISHED] [Stras, Author, with Kelly and Wollman, Circuit Judges]
Criminal case - Criminal law and sentencing. The district court did not
err in rejecting defendant's argument that his prosecutions in South
Dakota and Iowa violated double jeopardy because when defendant pleaded
guilty in this Iowa case, he had not yet pleaded guilty in the South
Dakota case and jeopardy had not attached in that case; under this unusual
scenario defendant should have filed a motion to dismiss the South Dakota
charge after he pleaded guilty in Iowa; as a result, the district court
could not have erred when it refused to dismiss the Iowa conspiracy
charge; defendant's sentence, a downward variance, was not substantively
unreasonable.