United States First Circuit

In a drug case where the district court declared a mistrial sua sponte, defendant's denial of a motion to dismiss on double jeopardy grounds was reversed, where jeopardy attached due to the absence of either manifest necessity or binding consent regarding the declaration of a mistrial.

Appellate Information

• Decided 07/21/2004
• Published 07/21/2004

Judges

• SELYA, Circuit Judge., Before SELYA, LYNCH and LIPEZ, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Joannie Plaza-Martinez, Assistant Federal Public Defender, with whom Joseph C. Laws, Jr., Federal Public Defender, was on brief, for appellant.


• For Appellees:
  
• Irene C. Feldman, Assistant United States Attorney, with whom H.S. Garcia, United States Attorney, Jorge E. Vega-Pacheco, Chief, Criminal Division, and Thomas F. Klumper, Assistant United States Attorney, were on brief, for appellee.