U.S. v. NICHOLS

No. 92-8065 Summary Calendar.

977 F.2d 972 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Michael Edward NICHOLS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 24, 1992.


Attorney(s) appearing for the Case

Derek A. Howard (court-appointed), Howard & Kobelan, Austin, Tex., for defendant-appellant.

Richard L. Durbin, Jr., James A. Hensarling, Asst. U.S. Attys., Ronald F. Ederer, U.S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before GARWOOD, JONES, and EMILIO M. GARZA, Circuit Judges.


PER CURIAM:

Appellant Nichols contends that his retrial following a mistrial declared by the district court sua sponte will violate his constitutional protection against double jeopardy. We disagree and affirm the trial court's denial of the motion to dismiss the superseding indictment.

Appellant and his wife were on trial in early January, 1992 on charges of conspiracy and attempt to manufacture methamphetamine when the prosecutor elicited evidence...

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