United States v. Rabhan
628 F.3d 200
| 5th Cir. | 2010Background
- Rabhan was charged in Mississippi with conspiracy to violate § 1014 to influence a USDA-guaranteed loan for a Mississippi catfish farm, related to the Gulf Coast Bank in Louisiana.
- Rabhan previously pled guilty in Georgia to a single-count information alleging a conspiracy to violate § 1014 and § 1344 regarding a Georgia bank loan for a catfish processing plant.
- Rabhan moved to dismiss the Mississippi conspiracy count on double jeopardy grounds, arguing the Georgia and Mississippi conspiracies were a single overarching conspiracy.
- The district court denied the motion, concluding the Mississippi indictment alleged a separate conspiracy due to different co-conspirators, geography, and overt acts.
- The Fifth Circuit reverses, holding Rabhan showed prima facie that the two conspiracies are the same, and the government failed to rebut that showing by a preponderance of the evidence.
- The court remands with instructions to dismiss the Mississippi conspiracy count due to double jeopardy.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Are Georgia and Mississippi conspiracies the same for double jeopardy? | Rabhan: single conspiracy facts across cases; prima facie showing established. | Rabhan: overlaps and common goals show one conspiracy. | Yes; the conspiracies are one; Mississippi count barred. |
| Do Marable factors support a single conspiracy finding? | Rabhan: time, participants, offenses, overt acts, and locations indicate one scheme. | Rabhan: overlapping yet separate schemes exist due to co-conspirators and geography. | All Marable factors weigh in favor of a single conspiracy. |
| Did the government rebut Rabhan's prima facie case with evidence of separate conspiracies? | Rabhan: government failed to present contrary evidence. | Rabhan: not applicable; government bears burden to rebut prima facie showing. | Government failed to rebut; prima facie showed single conspiracy. |
Key Cases Cited
- Braverman v. United States, 317 U.S. 49 (1942) (single agreement to commit multiple offenses governs conspiracy scope)
- Levy v. United States, 803 F.2d 1390 (5th Cir. 1986) (overlapping statutes and related conduct support single conspiracy)
- Marable v. United States, 578 F.2d 151 (5th Cir. 1978) (five-factor test to distinguish single vs multiple conspiracies)
- United States v. Winship, 724 F.2d 1116 (5th Cir. 1984) (overlap in time favors single conspiracy)
- United States v. Henry, 661 F.2d 894 (5th Cir. 1981) (overlapping participants indicate a single conspiracy)
- United States v. Kalish, 690 F.2d 1144 (5th Cir. 1982) (use of multiple information sources to assess conspiracy scope)
- United States v. Atkins, 834 F.2d 426 (5th Cir. 1987) (informational sources may inform double jeopardy analysis)