United States First Circuit

Defendant's motion to dismiss is denied where the district court found manifest necessity to declare a mistrial, and, since the government did not engage in any mistrial-provoking misconduct, principles of double jeopardy do not bar the government from retrying defendants.

Appellate Information

• Decided 08/20/2004
• Published 08/20/2004

Judges

• SELYA, Circuit Judge., Before BOUDIN, Chief Judge, SELYA and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Willie J. Davis, with whom Davis, Robinson & White, LLP, James S. Dilday, and Grayer & Dilday were on consolidated brief, for appellants McIntosh and Douglas., Peter Charles Horstmann, with whom Partridge, Ankner & Horstmann, LLP was on consolidated brief, for appellant Cates., Peter A. Mullin, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, was on brief, for the United States.