CELEBREZZE, Circuit Judge.
This is an appeal by the Government from the dismissal of an indictment against Appellee charging him with violating 18 U.S.C. Appendix section 1202(a)(1) (1970), possession of a firearm by a convicted felon. The first trial had resulted in a mistrial and the Court concluded that any future attempts to retry Appellee would run afoul of the Double Jeopardy Clause of the Fifth Amendment.
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