UNITED STATES v. BROWN

No. 81-1081.

677 F.2d 26 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. Victor Elaine BROWN, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided April 28, 1982.


Attorney(s) appearing for the Case

Gershwin A. Drain, Detroit, Mich., for defendant-appellant.

Richard A. Rossman, U. S. Atty., Elizabeth Wild, Michael C. Leibson, Asst. U. S. Attys., Detroit, Mich., for plaintiff-appellee.

Before KEITH and JONES, Circuit Judges, and PHILLIPS, Senior Circuit Judge.


PER CURIAM.

The sole issue on this appeal is whether the Double Jeopardy Clause of the Fifth Amendment to the Constitution bars the retrial of a criminal defendant following a trial which resulted in a hung jury. We affirm the decision of District Judge Anna Diggs Taylor that a retrial is not barred under these circumstances.

The appellant, a bank employee, was indicted by a federal grand jury for misapplying bank funds in violation of 18 U.S.C. §§...

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