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UNITED STATES v. WENTZ

No. 85-5243.

800 F.2d 1325 (1986)

UNITED STATES of America, Appellee, v. James Howard WENTZ, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided September 19, 1986.

Attorney(s) appearing for the Case

James W. Carroll, Jr. (Tabakin & Carroll, Pittsburgh, Pa., on brief), for appellant.

John A. Kessler, Asst. U.S. Atty. (David A. Faber, U.S. Atty., R. Lynette Ranson, Asst. U.S. Atty., Charleston, W.Va., on brief), for appellee.

Before CHAPMAN and WILKINSON, Circuit Judges, and HAYNSWORTH, Senior Circuit Judge.

WILKINSON, Circuit Judge:

James Howard Wentz was convicted on federal charges in connection with the theft of a 22-foot Bayliner boat. Wentz appeals on several grounds: first, that the jury received improper instructions concerning the value of the boat; second, that the trial judge violated Wentz's rights under the Double Jeopardy Clause by allowing a retrial after Wentz successfully moved for a mistrial; and third, that the prosecution negligently allowed the boat...

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