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UNITED STATES v. GREEN

No. 76-1207.

556 F.2d 71 (1977)

UNITED STATES of America v. DuBois GREEN, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided May 16, 1977.

Attorney(s) appearing for the Case

Daniel B. Edelman, Washington, D. C. (appointed by this Court), for appellant.

Mary Ellen Albrecht, Asst. U. S. Atty., Washington, D. C., with whom Earl J. Silbert, U. S. Atty., John A. Terry and Edward C. McGuire, Asst. U. S. Attys., Washington, D. C., were on the brief for appellee.

Before McGOWAN, LEVENTHAL and ROBB, Circuit Judges.

Opinion PER CURIAM.

PER CURIAM:

This appeal presents only one question: whether jeopardy attaches under the Fifth Amendment when a panel of prospective jurors in a criminal case is sworn on the voir dire and a jury is selected but dismissed without being sworn for trial. The question arises from the conviction of DuBois Green for distribution of heroin.

Nine days before the trial which resulted in the conviction in the District Court a panel of veniremen...

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