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UNITED STATES v. DINITZ

No. 74-928.

424 U.S. 600 (1976)

UNITED STATES v. DINITZ.

Supreme Court of United States.

Decided March 8, 1976.

Attorney(s) appearing for the Case

John P. Rupp argued the cause for the United States. With him on the brief were Solicitor General Bork, Acting Assistant Attorney General Keeney, Deputy Solicitor General Frey, and Jerome M. Feit.

Fletcher N. Baldwin, Jr., by appointment of the Court, 421 U.S. 906, argued the cause and filed a brief for respondent.

MR. JUSTICE STEWART delivered the opinion of the Court.

The question in this case is whether the Double Jeopardy Clause of the Fifth Amendment was violated by the retrial of the respondent after his original trial had ended in a mistrial granted at his request.

I

The respondent Nathan Dinitz, was arrested on December 8, 1972. following the return of an indictment charging him with conspiracy to distribute LSD and with

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