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U.S. v. MEZA-SORIA

No. 90-10417.

935 F.2d 166 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Oscar MEZA-SORIA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided June 4, 1991.

Attorney(s) appearing for the Case

Bram L. Jacobson, Asst. Fed. Public Defender, Phoenix, Ariz., for defendant-appellant.

Linda C. Boone, Asst. U.S. Atty., Phoenix, Ariz., for plaintiff-appellee.

Before FARRIS, BOOCHEVER and FERNANDEZ, Circuit Judges.

FERNANDEZ, Circuit Judge:

Oscar Meza-Soria (Meza-Soria) was indicted for violating 8 U.S.C. § 1326 by being an alien who reentered the country after having been deported. His first trial ended in a mistrial, which was granted over his opposition. When the government sought to retry him, he moved to dismiss on double jeopardy grounds. He asserted that the grant of the mistrial was based on the district court's erroneous view of the law, and that, as a result,...

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