United States Ninth Circuit

The district court's denial of a defendant's motion to dismiss a second superseding indictment in a case in which the district court declared a mistrial after the defendant reached a plea agreement (now rescinded) during a settlement conference that took place after the jury had been empaneled, is affirmed, where: 1) the district court, which declared the mistrial after the defendant stated that he did not object, did not goad the defendant into consenting to the mistrial by acquiescing in the defendant's own request for the settlement conference, and 2) the Double Jeopardy Clause therefore does not bar retrial.

Appellate Information

• Decided 12/23/2013
• Published 12/23/2013

Judges

• GRABER

Court

• United States Ninth Circuit

Counsel