OPINION
PER CURIAM:
The district court denied Hartley's petition for writ of habeas corpus. We affirm.
Hartley was released on his own recognizance after he sought, and was granted, a mistrial on the basis of prejudice resulting from prosecutorial misconduct. Prior to a second trial on the same charges, Hartley moved for dismissal of his indictment, claiming that further prosecution was barred by the double jeopardy clause of the Fifth Amendment...
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