Court of Appeals for the Fifth Circuit November 13, 1981, 80-7619 (United States v. James Malcolm Henry)

KRAVITCH, Circuit Judge:

Appellant James Malcolm Henry appeals from a district court order denying his motion to dismiss his criminal prosecution for conspiracy to distribute cocaine in violation of 21 U.S.C. § 846. Appellant contends that the current prosecution violates the double jeopardy clause of the fifth amendment. The district court rejected this claim. We affirm.

I.