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No. 15-4222
Appeal from the United States District Court for the District of
Maryland, at Baltimore.
J. Frederick Motz, Senior District
Judge. (1:13-cr-00334-JFM-1)
Submitted:
Decided:
February 4, 2016
PER CURIAM:
Between
2008
and
2009,
Jeffrey
Gregory,
along
with
in
agreement,
federal
Gregory
court.
pled
In
guilty
2010,
to
pursuant
possession
of
to
a
plea
Ruger
.45
Carlos
dismissed
Botello.
with
The
state
prejudice
prosecution
because
the
state
indictment
case,
in
against
2013
the
Gregory,
federal
charging
was
state
eventually
violated
the
obtained
him
inter
with,
an
alia,
Ruger
.45
caliber
handgun,
in
violation
of
18
U.S.C.
Gregory
moved
Fifth
Amendment
After
the
to
due
district
dismiss
process
court
these
and
denied
counts
double
based
jeopardy
Gregorys
on
alleged
violations.
motions,
Gregory
Government,
wherein
he
reserved
his
right
to
appeal
the
that his Fifth Amendment due process rights were violated by the
lengthy preindictment delay that occurred.
He further argues
conviction
for
false
statements
in
connection
with
the
we affirm.
We review due process claims de novo.
Westbrooks,
780
F.3d
593,
595
(4th
Cir.
United States v.
2015).
The
Fifth
it
is
shown
that
pre-indictment
delay
caused
evaluating
the
first
prong,
we
are
mindful
that
the
proceeding
was
Shealey,
641
627,
F.3d
likely
affected.
633-34
(4th
United
Cir.
2011)
States
v.
(internal
sufficient
preindictment
to
support
delay.
We
due
have
process
claim
previously
premised
addressed,
on
and
We
jeopardy
claims
are
likewise
reviewed
de
novo.
United States v. Studifin, 240 F.3d 415, 418 (4th Cir. 2001).
The Double
Jeopardy
Clause
prohibits
successive
prosecutions
quotation
marks
omitted).
Where
case
involves
See
v.
Rashad v.
Virginia,
Burt,
108
653
F.2d
F.3d
870,
677
5
873
(6th
(4th
Cir.
Cir.
1997).
1980),
We
and
have
Id.
at 420-22.
Accordingly, we affirm the district courts judgment.
dispense
with
contentions
are
oral
argument
adequately
because
presented
in
the
the
facts
We
and
legal
materials
before
this court and argument would not aid the decisional process.
AFFIRMED