Lance Yarbough v. United States
FifthAmendment
Where a prosecution for drug conspiracy under 21 U.S.C. §846 is successive to separate sentences for substantive offenses that are included in the conspiracy and occurring within it's duration, does constitutional double jeopardy require or permit the sentencing judge to credit sentences for the substantive offenses against a statutory minimum term for the §846 conspiracy?
QUESTIONS PRESENTED 1. Where a prosecution for drug conspiracy under 21 U.S.C. §846 is successive to separate sentences for substantive offenses that are included in the conspiracy and occurring within it’s duration, does constitutional double jeopardy require or permit the sentencing judge to credit sentences for the substantive offenses against a statutory minimum term for the §846 conspiracy? 2. Whether a federal drug conspiracy sentence is unreasonable when the District Court disregards the limitation on “relevant conduct” under U.S.S.G. §1B1.3(a) by ignoring the winnowing principle requiring the court to evaluate foreseeable conduct only in the context of a defendant’s “jointly undertaken criminal activity”? i