United States First Circuit

Based on the course of jury deliberations, it was no abuse of discretion to grant a mistrial or deny a subsequent motion to dismiss. Defendant may not, on appeal from a judgment of guilt in a second trial following a mistrial, raise a claim that he was wrongly denied a motion for acquittal on insufficiency of evidence at the first trial.

Appellate Information

• Decided 02/03/2003
• Published 02/03/2003

Judges

• LYNCH, Circuit Judge., Before BOUDIN, Chief Judge, TORRUELLA and LYNCH, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• William Maselli for appellant.


• For Appellees:
  
• Margaret D. McGaughey, Appellate Chief, with whom Paula D. Silsby, United States Attorney, was on brief for appellee.