DIRRING v. UNITED STATES

No. 6930.

400 F.2d 578 (1968)

John T. DIRRING, Petitioner, Appellant, v. UNITED STATES of America, Respondent, Appellee.

United States Court of Appeals First Circuit.

Decided August 20, 1968.


Attorney(s) appearing for the Case

Richard E. Floor, Lynn, Mass., by appointment of the Court, for appellant.

Albert F. Cullen, Jr., Asst. U. S. Atty., with whom Paul F. Markham, U. S. Atty., was on brief, for appellee.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.


PER CURIAM.

This is the fourth time that we have considered appellant's case.1 This time he appeals the district court's denial of his 28 U.S.C. § 2255 motion to vacate his sentence on the ground that the government suppressed evidence at a first trial ending with a hung jury and that such misconduct renders invalid, under the Double Jeopardy clause of the Constitution (U.S.Const. Amend. V), his conviction at a second trial.

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