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U.S. v. DiPIETRO

No. 90-1657.

936 F.2d 6 (1991)

UNITED STATES, Appellee, v. Robyn DiPIETRO, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided June 13, 1991.

Attorney(s) appearing for the Case

Marie T. Buckley, Boston, Mass., for defendant, appellant.

Cerise Lim-Epstein, Asst. U.S. Atty., with whom Wayne A. Budd, U.S. Atty., was on brief, Boston, Mass., for appellee.

Before BREYER, Chief Judge, BROWN, Senior Circuit Judge, and SELYA, Circuit Judge.

JOHN R. BROWN, Senior Circuit Judge.

At issue here is whether the Double Jeopardy clause of the Constitution1 bars retrial of a defendant where the court declared a mistrial sua sponte, without objection by the defense, because of serious prejudicial error by the government in the presence of the jury. We hold that it does not, and therefore we affirm.

Robyn DiPietro was charged in...

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