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UNITED STATES v. JARVIS

No. 86-5003.

792 F.2d 767 (1986)

UNITED STATES of America, Plaintiff-Appellee, v. Richard JARVIS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided April 21, 1986.

Designated for Publication June 25, 1986.

Attorney(s) appearing for the Case

Gordon Greenberg, Los Angeles, Cal., for plaintiff-appellee.

Richard L. Knickerbocker, Marina Del Rey, Cal., for defendant-appellant.

Before WALLACE, HUG, and NORRIS, Circuit Judges.

HUG, Circuit Judge:

This is an appeal of the denial of a motion to dismiss the indictment on double jeopardy grounds after the declaration of a mistrial in a prior proceeding. The only issue on appeal is whether the record reflects the kind of "manifest necessity" in the declaration of the mistrial that is required to avoid the bar of double jeopardy. We have jurisdiction of the appeal of this pretrial order pursuant to Abney v. United States,

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