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UNITED STATES v. MITCHELL

No. 83-1237.

736 F.2d 1299 (1984)

UNITED STATES of America, Plaintiff-Appellee, v. Felix Wayne MITCHELL, et al., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided July 2, 1984.

Attorney(s) appearing for the Case

Marcus S. Topel, William M. Goodman, Topel & Goodman, San Francisco, Cal., Robert Lyons, Hayward, Cal., John Gigounas, James Molesky, San Francisco, Cal., Cristina C. Arguedas, Berkeley, Cal., Richard B. Mazer, Gilbert Eisenberg, William Osterhoudt, Hallinan, Berger, Osterhoudt, San Francisco, Cal., for defendants-appellants.

Joseph M. Burton, Charles B. Burch, Asst. U.S. Attys., San Francisco, Cal., for plaintiff-appellee.

Before SNEED and FLETCHER, Circuit Judges, and ENRIGHT, District Judge.

ENRIGHT, District Judge:

This is an interlocutory appeal from a district court order denying defendants' motion to dismiss the indictment against them for, inter alia, violation of the Double Jeopardy clause of the fifth amendment of the Constitution. Defendants are charged in a nineteen-count indictment with conspiracy to distribute heroin and other related offenses. The first trial of the matter ended in a mistrial at defendants' request on July 6, 1983....

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