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U.S. v. ALLEN

No. 92-2981.

984 F.2d 940 (1993)

UNITED STATES of America, Appellee, v. Rodney ALLEN, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided January 28, 1993.

Attorney(s) appearing for the Case

Frank Steinbach III, Des Moines, IA, argued, for appellant.

Clifford D. Wendel, Des Moines, IA, argued (Gene W. Shepard, Ronald M. Kayser and Clifford D. Wendel, on brief), for appellee.

Before MAGILL, Circuit Judge, HEANEY, Senior Circuit Judge, and BEAM, Circuit Judge.

HEANEY, Senior Circuit Judge.

Rodney Allen appeals from an order of the United States District Court for the Southern District of Iowa denying his motion to dismiss a pending indictment after the district court had sua sponte declared a mistrial. Allen argues that the district court abused its discretion in finding that manifest necessity justified declaration of a mistrial. We agree, and therefore reverse.

On May 15, 1992, a federal grand jury indicted Wesley...

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