Quote:
I think that I was co-mingling NPA with double jeopardy.
You are excellent company then because Andy McCarthy has espoused the double jeopardy view of the NPA. I am not sure I completely agree with him though. His reading the recent SCOTUS decision,
Gamble only addressed two sovereigns, one state and one federal in swatting down the double jeopardy argument. McCarthy argues that since both SDFla and SDNY are federal, that double jeopardy attached.
My analysis is more jurisdictional. The SDFla can't prosecute cases where the crimes are committed outside of their jurisdiction as a general rule. Conversely, they can't grant a binding immunity agreement for conduct outside of the jurisdiction either. That's my take.