Court of Appeals for the Fifth Circuit June 5, 1978, 78-1508 (United States v. Samuel S. Smith)

PER CURIAM:

This appeal is taken from an order of the district court denying appellant’s pretrial motion to dismiss the indictment against him on double jeopardy grounds. We affirm.

Appellant, a former circuit judge in the State of Florida, was convicted in April 1977 of conspiracy to distribute marijuana (21 U.S.C.A. § 846) and possession of marijuana with intent to distribute (21 U.S.C.A.