concurring.
I concur that the prosecution in this case is barred by double jeopardy. See Grady v. Corbin, 495 U.S. 508 (1990). In reaching this determination, however, we need not adopt the holding in United States v. Clark, 928 F.2d 639 (4th Cir. 1991). Therefore, I do not join in that aspect of the majority opinion.