United States v. Manuel Gordillo-Escandon , 706 F. App'x 119 ( 2017 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 17-4481
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MANUEL DE JESUS GORDILLO-ESCANDON,
Defendant - Appellant.
Appeal from the United States District Court for the District of South Carolina, at
Greenville. Bruce H. Hendricks, District Judge. (6:17-cr-00206-BHH-3)
Submitted: October 31, 2017 Decided: December 13, 2017
Before WYNN, DIAZ, and HARRIS, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Howard W. Anderson III, LAW OFFICE OF HOWARD W. ANDERSON III, LLC,
Pendleton, South Carolina, for Appellant. Beth Drake, United States Attorney, D. Josev
Brewer, Assistant United States Attorney, Greenville, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Manuel de Jesus Gordillo-Escandon has been indicted in the District of South
Carolina on federal drug and firearm offenses. Gordillo-Escandon, previously having
been convicted on state drug and firearm charges, moved to dismiss the pending federal
charges as violative of the Double Jeopardy Clause and the Full Faith and Credit Act,
28 U.S.C. § 1738 (2012). The district court denied the motion, finding that the
successive prosecutions by separate sovereigns violated neither the Double Jeopardy
Clause nor the Full Faith and Credit Act. Gordillo-Escandon then filed this interlocutory
appeal pursuant to Abney v. United States, 431 U.S. 651, 662 (1977).
We review preserved claims concerning the Double Jeopardy Clause de novo.
United States v. Schnittker, 807 F.3d 77, 81 (4th Cir. 2015). The protection against
double jeopardy “prohibits the government from subjecting a person to multiple
punishments for the same offense.” Id. (internal quotation marks omitted). However,
under the dual sovereignty doctrine, “the Supreme Court has continually held that federal
and state crimes are not the same offense, no matter how identical the conduct they
proscribe.” United States v. Alvarado, 440 F.3d 191, 196 (4th Cir. 2006) (internal
quotation marks omitted); see Abbate v. United States, 359 U.S. 187, 194-96 (1959)
(declining to overrule established principle “that a federal prosecution is not barred by a
prior state prosecution of the same person for the same acts”). As Gordillo-Escandon
concedes, his double jeopardy claim could have merit only if the Supreme Court
overturned its decision in Abbate. Because Abbate remains good law, Gordillo-
Escandon’s claim must fail.
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The Full Faith and Credit Act requires federal courts to apply state res judicata law
to determine the preclusive effects of a state court judgment. Exxon Mobil Corp. v. Saudi
Basic Indus. Corp., 544 U.S. 280, 293 (2005); In re Genesys Data Techs., Inc., 204 F.3d
124, 129 (4th Cir. 2000). “Under South Carolina law, to establish res judicata a party
must show (1) identity of the parties; (2) identity of the subject matter; and (3)
adjudication of the issue in the former suit.” Sunrise Corp. v. City of Myrtle Beach, 420
F.3d 322, 327 (4th Cir. 2005) (internal quotation marks omitted). We have held that
“[t]he federal government is neither the same as nor in privity with the [s]tate
[government] and therefore is not barred” by the doctrine of collateral estoppel. United
States v. Smith, 446 F.2d 200, 202 (4th Cir. 1971). Accordingly, we conclude that
Gordillo-Escandon fails to meet the requirements for res judicata under South Carolina
law and, therefore, his claim under the Full Faith and Credit Act must fail.
Based on the foregoing, we affirm the district court’s denial of Gordillo-
Escandon’s motion to dismiss the pending federal indictment. We dispense with oral
argument because the facts and legal contentions are adequately presented in the
materials before this court and argument would not aid the decisional process.
AFFIRMED
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