OPINION
MacMAHON, District Judge.
Defendant moves under Rule 12(b), Fed.R.Crim.P., to dismiss the indictment on the ground that a trial would violate his constitutional right not to be put in jeopardy twice for the same offense.
Defendant contends that, since a mistrial was declared sua sponte by the court during the opening statement of his attorney, he cannot be tried again without being deprived of his right to have his guilt or innocence determined...
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