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U.S. v. BATES

No. 90-10127.

917 F.2d 388 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. David Allen BATES; Ricky Lee Archer, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided October 22, 1990.

As Amended January 2, 1991.

Attorney(s) appearing for the Case

Mark W. Coleman, Asst. Federal Public Defender, Fresno, Cal., for defendant-appellant David Allen Bates.

E. Marshall Hodgkins, Fresno, Cal., for defendant-appellant Rick Lee Archer.

Tommy Hawk, Asst. U.S. Atty., Fresno, Cal., for plaintiff-appellee.

Before CHOY and FLETCHER, Circuit Judges, and FITZGERALD, District Judge.

FLETCHER, Circuit Judge:

Ricky Lee Archer and David Allen Bates appeal the district court's denial of a motion to dismiss indictments charging them with armed robbery. Their initial trial ended when the district court sua sponte declared a mistrial. They allege that retrial would violate the fifth amendment double jeopardy clause. We agree with defendants and reverse.

FACTS

Archer's and Bates's charges arise from two Modesto bank robberies. The first...

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