Court of Appeals for the Third Circuit March 17, 1997, 96-7213 (United States v. Melinda Rice A/K/A Melinda Edwards, Melinda Rice)

OPINION OF THE COURT

SCIRICA

The issue on appeal is whether a general discharge under honorable conditions from the United States Army for cocaine possession bars a subsequent federal criminal prosecution on double jeopardy grounds.

I. Facts and Procedural History

On December 26, 1994, Melinda Rice, a private in the United States Army, attempted to clear United States customs at the Cyril E.