United States Tenth Circuit

Denial of Defendant's motion to dismiss his firearms possession charge is affirmed where the Double Jeopardy clause did not prohibit Defendant's retrial because the prosecutor did not intend to goad the Defendant into seeking a mistrial.

Appellate Information

• Decided 02/24/2009
• Published 02/24/2009

Judges

• PAUL KELLY, JR., Circuit Judge., Before KELLY, HOLLOWAY, and BRISCOE, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• David Williams, Assistant United States Attorney (Gregory J. Fouratt, United States Attorney, on the brief), Albuquerque, NM, for Plaintiff-Appellee., Scott Davidson, Albuquerque, NM, for Defendant-Appellant.