GOVERNMENT OF THE VIRGIN ISLANDS v. PANIAGUA

No. 90-3423.

922 F.2d 178 (1990)

GOVERNMENT OF THE VIRGIN ISLANDS v. PANIAGUA, Vargas. Appeal of Vargas PANIAGUA.

United States Court of Appeals, Third Circuit.

Decided December 19, 1990.


Attorney(s) appearing for the Case

Robert L. Tucker, Federal Public Defender, Andrea L. Smith, Asst. Federal Public Defender, Charlotte Amalie, St. Thomas U.S.V.I., for appellant.

Terry M. Halpern, U.S. Atty., Hugh P. Mabe, III, Asst. U.S. Atty., Charlotte Amalie, St. Thomas, U.S.V.I., for appellee.

Before HIGGINBOTHAM, Chief Judge, and GREENBERG and COWEN, Circuit Judges.


Submitted under Third Circuit Rule 12(6) December 4, 1990.

OPINION OF THE COURT

GREENBERG, Circuit Judge.

Appellant, Vargas Paniagua, appeals from an order of June 19, 1990, denying his motion to dismiss the information in this case on the ground of double jeopardy. The appeal is predicated principally on the circumstance that his first trial was terminated when Magistrate Barnard rather than a district judge declared a mistrial. We have jurisdiction...

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