This section contains the nature of the case and procedural background.

Witte (D) unknowingly worked with an undercover DEA agent. D conspired to purchase drugs from D on two separate occasions. On the first occasion, D was not arrested; his friends were. On the second occasion, D was arrested and convicted. At sentencing, the court considered the total amount of drugs for the two cases, not just the one for which D was convicted. D was later convicted for the previous offense. D appealed, claiming that he had already been tried for the crime since it had been considered for the earlier sentencing.

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