193638P.pdf   05/18/2021  United States  v.  Kurt Harrington
   U.S. Court of Appeals Case No:  19-3638
   U.S. District Court for the Southern District of Iowa - Davenport   
   [PUBLISHED] [Gruender, Author, with Benton and Stras, Circuit Judges] 
   Prisoner case -Habeas. For the court's prior opinion affirming 
   Harrington's convictions, see U.S. v. Harrington, 617 F.3de 1063 (8th Cir. 
   2010). Defendant's appeal of an order permitting retrial on distribution 
   of heroin resulting in death charges after the grant of Section 2255 
   relief presented a colorable double-jeopardy claim, and the court had 
   jurisdiction over this interlocutory appeal; Harrington's retrial on the 
   resulting-in-death elements of the counts charging conspiracy to 
   distribute heroin resulting in death and distribution of heroin resulting 
   in death would not violate the Double Jeopardy Clause; Herrington sought 
   habeas relief based on a post-conviction change in the law as to what the 
   government had to establish in order to prove the resulting-in-death 
   elements of the two counts; because the insufficiency in proof was caused 
   by the change in the law and not because of the government's failure to 
   muster evidence, the Double Jeopardy Clause does not prohibit Harrinton's 
   retrial.