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U.S. v. SIMONETTI

No. 93-1131.

998 F.2d 39 (1993)

UNITED STATES of America, Appellee, v. Domenic SIMONETTI, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided July 20, 1993.

Attorney(s) appearing for the Case

Edward S. MacColl, by Appointment of the Court, with whom Marshall J. Tinkle and Thompson, McNaboe, Ashley & Bull, Portland, ME, were on brief, for defendant, appellant.

Margaret D. McGaughey, Asst. U.S. Atty., Portland, ME, with whom Jay P. McCloskey, U.S. Atty., Bangor, ME, and Jonathan A. Toof, Asst. U.S. Atty., Portland, ME, were on brief, for appellee.

Before TORRUELLA, SELYA and CYR, Circuit Judges.

TORRUELLA, Circuit Judge.

Defendant Domenic Simonetti was charged with conspiracy to possess cocaine with intent to distribute it in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(C), and 846. After the trial began, the district court severed Simonetti's case from that of his codefendant and declared a mistrial over Simonetti's objection. Simonetti later moved to dismiss the indictment, alleging retrial would constitute double jeopardy in violation of his...

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