UNITED STATES v. DAVIS

No. 78-5195 Summary Calendar.

589 F.2d 904 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Terry Lewis DAVIS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 14, 1979.


Attorney(s) appearing for the Case

Joseph W. Howard, Jacksonville, Fla. (Court Appointed), for defendant-appellant.

Thomas E. Morris, Asst. U. S. Atty., John J. Daley, Jr., U. S. Atty., Jacksonville, Fla., for plaintiff-appellee.

Before THORNBERRY, GODBOLD and RUBIN, Circuit Judges.


PER CURIAM:

Appellant was convicted in the Middle District of Florida on three counts arising from his use of the mails to deliver an explosive device with intent to kill. On this direct appeal, he challenges his conviction on two grounds. First, appellant argues that his second trial on these charges violated the Double Jeopardy Clause of the Constitution. Although the judge's order of mistrial in the first trial was given at appellant's request, appellant asserts...

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