FLAUM, Circuit Judge.
Defendants-appellants' first trial ended in a mistrial when the jury was unable to reach a unanimous verdict. The defendants neither requested a mistrial nor consented to its declaration. When the district court subsequently set a date for a new trial, the defendants filed a motion to dismiss the indictment on the ground that the double jeopardy clause of the fifth amendment precluded their reprosecution. The defendants argued that the district...
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