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United States v. Scott

437 U.S. 82, 98 S.Ct. 2187, 57 L.Ed.2d 65 (1978)

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United States v. Scott

United States Supreme Court
437 U.S. 82, 98 S.Ct. 2187, 57 L.Ed.2d 65 (1978)

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Facts

Scott (defendant) was indicted for drug distribution. Before and during trial, Scott moved the court to dismiss two counts claiming undue delays had harmed his ability to put on a defense. After all evidence had been presented, the motion to dismiss was granted. The government appealed the dismissal, but the court of appeals, relying on United States v. Jenkins, 420 U.S. 358 (1975), concluded that any further prosecution was barred because of the Double Jeopardy Clause.

Rule of Law

Issue

Holding and Reasoning (Rehnquist, C.J.)

Dissent (Brennan, J.)

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