United States Seventh Circuit

Conviction of a defendant for bank robbery and using a firearm during a robbery at the second trial after the jury in the first trial was unable to reach a verdict is affirmed where: 1) double jeopardy did not bar defendant's second trial as defendant has not shown any error, let alone plain error, in the district court's decision to discharge the first jury; and 2) the circumstantial evidence supports a finding of guilty beyond a reasonable doubt.

Appellate Information

• Argued 10/08/2009
• Decided 01/27/2010
• Published 01/27/2010

Judges

• TINDER, Circuit Judge., Before EASTERBROOK, Chief Judge, MANION and TINDER, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Robert N. Trgovich, Lesley J. Miller Lowery, Office of the United States Attorney, Fort Wayne, IN, for Plaintiff-Appellee., Adam B. Goodman, Goodman Law Offices LLC, Jessica Tovrov, Tovrov Law Offices, LLC, Chicago, IL, for Defendant-Appellant.