U.S. v. BYRSKI

No. 88-1725.

854 F.2d 955 (1988)

UNITED STATES of America, Plaintiff-Appellee, v. Martin BYRSKI, Michael Farmer, Anthony Fucalaro, Eugene Hornowski, Kevin McNab, James J. Villalpando, and Mathew Wilson, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided August 5, 1988.


Attorney(s) appearing for the Case

Edna Selan Epstein, Sidley & Austin, Chicago, Ill., for defendants-appellants.

James G. Schweitzer, Asst. U.S. Atty. (Anton R. Valukas, U.S. Atty.), Deputy Chief, Sp. Prosecutions Div., Chicago, Ill., for plaintiff-appellee.

Before COFFEY, FLAUM and EASTERBROOK, Circuit Judges.


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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