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UNITED STATES v. ACOSTA

No. 73-1732.

495 F.2d 60 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. David Valasquez ACOSTA, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided April 22, 1974.

Attorney(s) appearing for the Case

E. Edward Johnson, Asst. U. S. Atty. (Robert J. Roth, U. S. Atty., and Thomas A. Hamill, Asst. U. S. Atty., on the brief), for plaintiff-appellee.

Lynn R. Johnson, Kansas City, Kan., for defendant-appellant.

Before BREITENSTEIN, SETH, and McWILLIAMS, Circuit Judges.

McWILLIAMS, Circuit Judge.

David Velasquez Acosta was charged with unlawfully conveying from place to place within the United States Penitentiary at Leavenworth, Kansas, a thing designed to kill, injure or disable an employee, officer, agent or inmate thereof, to wit: a homemade knife, in violation of 18 U.S.C. § 1792. His first trial on that charge ended in a mistrial as the result of a hung jury.

Acosta was then tried six months later on the same charge...

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