UNITED STATES v. GORDY

No. 75-1522.

526 F.2d 631 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. James Nicholas GORDY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 29, 1976.


Attorney(s) appearing for the Case

Raymond C. Caballero, El Paso, Tex., for defendant-appellant.

John E. Clark, U.S. Atty., San Antonio, Tex., William B. Hardie, Jr., Ronald F. Ederer, Asst. U.S. Attys., El Paso, Tex., for plaintiff-appellee.

Before COLEMAN, CLARK and INGRAHAM, Circuit Judges.


CLARK, Circuit Judge:

The issue of double jeopardy raised by this appeal turns on the propriety of a pre-verdict discharge of the jury which first tried defendant. At his second trial, defendant was convicted by a jury of possession with intent to distribute approximately 2,296 pounds of marijuana. 21 U.S.C. § 841(a)(1). Far from depicting indifference to the defendant's right to the first jury's verdict, the record shows a "harried" trial judge attempting to...

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