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Second Circuit Overturns Drug Conviction: Gillon & Aguirre

Second Circuit Court has applied the double jeopardy clause in Gillon and Aguirre, creating significant implications for sentencing.

In a recent legal development, the Second Circuit Court has taken action in the case of Gillon and Aguirre.  Both convicted of possession with intent to distribute drugs. The court's decision, which involves the application of the Double Jeopardy Clause, has significant implications for their sentences. Let's break down the details in simpler terms.

The Convictions

Gillon and Aguirre faced charges related to drug distribution. Aguirre was separately convicted of running a criminal enterprise and participating in money laundering. Aguirre received a sentence of 300 months for the narcotics conspiracy. There was an additional 240 months for money laundering. Both sentences were set to run concurrently.

Double Jeopardy Challenge

Aguirre contested his sentencing, specifically for the criminal enterprise and narcotics conspiracy charges. His argument centered on the claim that being convicted for both offenses violated the Double Jeopardy Clause.  This is a constitutional protection against facing multiple punishments for the same crime.

Prosecutors' Agreement

Surprisingly, the prosecutors agreed with Aguirre's claim.  They acknowledging that one of his convictions was a lesser-included offense of the other. Citing legal precedent (Rutledge v. United States), they noted that a guilty verdict on a criminal enterprise charge inherently includes participation in a conspiracy, making it a lesser-included offense.

Court's Decision

In response to the agreement between Aguirre and the prosecutors, the Second Circuit Court took action. They determined that Aguirre's dual convictions indeed constituted unauthorized punishment.  This would be a violation of the Double Jeopardy Clause. As a result, the court instructed the district court to vacate one of Aguirre's convictions and its corresponding sentence. The district court could choose either the narcotics conspiracy or the criminal enterprise.


The recent decision by the Second Circuit Court serves as a notable update in the legal journey of Gillon and Aguirre. The recognition of a lesser-included offense and the subsequent vacating of one conviction highlight the importance of protecting individuals from facing multiple punishments for the same criminal acts. This case sheds light on the complexities of legal process.

If anything here applies to you, contact us today.

At The Law Office of Jeremy Gordon, we fight aggressively for our clients. We are experienced, and know what it takes to present a successful defense in a federal criminal case. For prompt, courteous and skilled representation as your federal criminal defense attorney, contact us today to schedule a free phone consultation.
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