United States v. Morris

Third Circuit

United States v. Morris

276 F. App'x 202

CourtCourt of Appeals for the Third Circuit

DecidedApril 25, 2008

Docket07-1781

StatusUnpublished

This text of 276 F. App'x 202 (United States v. Morris) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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United States v. Morris, 276 F. App'x 202 (3d Cir. 2008).

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Opinion

OPINION OF THE COURT

HARDIMAN, Circuit Judge.

Roderick Morris appeals his federal drug-trafficking conviction claiming that the facts underlying his federal conviction are substantially similar to those underlying an offense on which Morris was acquitted in state court. We will affirm.

I.

Because we write exclusively for the parties, who are familiar with the facts and proceedings below, we will not revisit them here. The Supreme Court has squarely held that a federal prosecution is not barred under the Fifth Amendment’s Double Jeopardy Clause by a prior state prosecution for the same act. See Abbate v. United States, 359 U.S. 187, 79 S.Ct. 666, 3 L.Ed.2d 729 (1959); see also Bartkus v. Illinois, 359 U.S. 121, 79 S.Ct. 676, 3 L.Ed.2d 684 (1959). Morris does not dispute that Abbate and Baitkus are fatal to his appeal, but rather argues that the rationale of those precedents was undermined by the Supreme Court’s subsequent decision in Benton v. Maryland, 395 U.S. 784, 89 S.Ct. 2056, 23 L.Ed.2d 707 (1969), in which the Supreme Court held that the Double Jeopardy Clause applies to the states.

Regardless of the merits of this argument, it is assuredly not our place to overturn Supreme Court precedent. See Agostini v. Felton, 521 U.S. 203, 237, 117 S.Ct. 1997, 138 L.Ed.2d 391 (1997); see also United States v. Extreme Associates, Inc., 431 F.3d 150, 155-156 (3d Cir.2005). And as Morris candidly admits, even the members of this Court who have questioned the continued viability of Abbate and Bartkus have acknowledged that this is a matter for the Supreme Court. See United States v. Wilson, 413 F.3d 382, 394 (3d Cir.2005) (Aldisert, J., dissenting) (“The time has come for the Supreme Court to revisit the issue.”); United States v. Grimes, 641 F.2d 96, 104 (3d Cir.1981) (“[W]e do not believe we are the proper forum to overturn a legal directive from the Supreme Court.”).

For the foregoing reasons, we will affirm the judgment of the District Court.

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OPINION OF THE COURT

HARDIMAN, Circuit Judge.

Roderick Morris appeals his federal drug-trafficking conviction claiming that the facts underlying his federal conviction are substantially similar to those underlying an offense on which Morris was acquitted in state court. We will affirm.

I.

Because we write exclusively for the parties, who are familiar with the facts and proceedings below, we will not revisit them here. The Supreme Court has squarely held that a federal prosecution is not barred under the Fifth Amendment’s Double Jeopardy Clause by a prior state prosecution for the same act. See Abbate v. United States, 359 U.S. 187, 79 S.Ct. 666, 3 L.Ed.2d 729 (1959); see also Bartkus v. Illinois, 359 U.S. 121, 79 S.Ct. 676, 3 L.Ed.2d 684 (1959). Morris does not dispute that Abbate and Baitkus are fatal to his appeal, but rather argues that the rationale of those precedents was undermined by the Supreme Court’s subsequent decision in Benton v. Maryland, 395 U.S. 784, 89 S.Ct. 2056, 23 L.Ed.2d 707 (1969), in which the Supreme Court held that the Double Jeopardy Clause applies to the states.

Regardless of the merits of this argument, it is assuredly not our place to overturn Supreme Court precedent. See Agostini v. Felton, 521 U.S. 203, 237, 117 S.Ct. 1997, 138 L.Ed.2d 391 (1997); see also United States v. Extreme Associates, Inc., 431 F.3d 150, 155-156 (3d Cir.2005). And as Morris candidly admits, even the members of this Court who have questioned the continued viability of Abbate and Bartkus have acknowledged that this is a matter for the Supreme Court. See United States v. Wilson, 413 F.3d 382, 394 (3d Cir.2005) (Aldisert, J., dissenting) (“The time has come for the Supreme Court to revisit the issue.”); United States v. Grimes, 641 F.2d 96, 104 (3d Cir.1981) (“[W]e do not believe we are the proper forum to overturn a legal directive from the Supreme Court.”).

For the foregoing reasons, we will affirm the judgment of the District Court.

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