MAGILL, Circuit Judge.
On September 27, 1988, a grand jury indicted Charles Joseph Punelli (Punelli), charging him with three counts of violating various federal narcotics statutes. The jury trial which commenced on November 28, 1988, ended in a mistrial on December 6, after the district court found the jury to be genuinely deadlocked. On December 15, 1988, a grand jury returned a superseding indictment which charged Punelli with five counts of violating various narcotics...
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