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UNITED STATES v. ENOCH

Nos. 80-5234, 80-5255, 80-5256 and 80-5259.

650 F.2d 115 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Dave Wilson ENOCH (80-5234), Kenneth Ray Allmon (80-5259), James C. Wheeler (80-5255), Richard Howard Love (80-5256), Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided June 3, 1981.

Attorney(s) appearing for the Case

Ross Alderman, Federal Defender Office, Nashville, Tenn., for Enoch.

Hal D. Hardin, U.S. Atty., Margaret M. Huff, Nashville, Tenn., for United States.

J. H. Reneau, III, Reneau & Reneau, Celina, Tenn., Ben Fann, Cookeville, Tenn., for Allmon and Wheeler.

Joe E. Lackey, Jr., Nashville, Tenn. (Court-appointed), for Love.

Before LIVELY and JONES, Circuit Judges, and GILMORE, District Judge.

NATHANIEL R. JONES, Circuit Judge.

The defendants appeal from an order denying their pretrial motion to dismiss an indictment. The sole issue on appeal is whether the double jeopardy clause of the Fifth Amendment bars defendants' retrial after the declaration of a mistrial at their request. For the reasons set forth below, we affirm.

I.

On April 11, 1980, defendants were indicted for willfully transporting, receiving,

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