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UNITED STATES v. CASTELLANOS

No. 680, Docket 72-2337.

478 F.2d 749 (1973)

UNITED STATES of America, Appellant, v. Luis CASTELLANOS, Appellee.

United States Court of Appeals, Second Circuit.

Decided May 4, 1973.

Attorney(s) appearing for the Case

Paul M. Bergman, Asst. U. S. Atty. (Robert A. Morse, U. S. Atty., E. D. New York, L. Kevin Sheridan, Asst. U. S. Atty., of counsel), for appellant.

Frank T. Geoly, Fontana & Geoly, Brooklyn, N. Y., for appellee.

Before SMITH, HAYS, and TIMBERS, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge:

This appeal presents a single substantive question—may a district court order the dismissal of an indictment on grounds of double jeopardy solely because two previous trials of an accused have resulted in deadlocked juries? Judge Dooling answered that question in the affirmative, and ordered the indictment against Luis Castellanos dismissed, 349 F.Supp. 720. For the reasons below, we reverse...

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