No. 72-2622.

485 F.2d 689 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. KIN PING CHEUNG and Sammy Cho, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

October 31, 1973.

Attorney(s) appearing for the Case

Lawrence R. Metsch, Miami, Fla. (Court-appointed), for Cheung.

Samuel S. Forman, Miami, Fla. (Court-appointed), for Cho.

Robert W. Rust, U.S. Atty., George A. Kokus, Charles O. Farrar, Jr., Asst. U.S. Attys., Miami, Fla., for plaintiff-appellee.

Before WISDOM, DYER and INGRAHAM, Circuit Judges.

WISDOM, Circuit Judge:

This case presents the question whether the defendants' second prosecution was permissible under the double jeopardy clause after the court on its own motion declared a mistrial during their first trial. The defendants-appellants, Kin Ping Cheung and Sammy Cho, were convicted of importing heroin into the United States, and of possessing heroin with intent to distribute it, in violation of 21 U.S.C. §§ 841(a)(1), 952(a). We set aside...

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