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U.S. v. SHAFER

No. 91-5774.

987 F.2d 1054 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Scott Dunbar SHAFER, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided February 23, 1993.

Attorney(s) appearing for the Case

Sean Patrick Devereux, Whaley, Hay, Pitts, Hugenschmidt, Master, Devereux & Belser, P.A., Asheville, NC, for defendant-appellant.

Frank D. Whitney, Office of the U.S. Atty., Charlotte, NC, argued (Thomas J. Ashcraft, U.S. Atty., Gretchen C.F. Shappert, Asst. U.S. Atty., on brief), for plaintiff-appellee.

Before RUSSELL, HALL, and WILLIAMS, Circuit Judges.

OPINION

K.K. HALL, Circuit Judge:

Scott Dunbar Shafer conditionally pleaded guilty to mail fraud in violation of 18 U.S.C. § 1341. The plea preserved his right to appeal the district court's decision to declare a mistrial over his objection. We conclude that there was no "manifest necessity" for the mistrial and reverse.

I.

Shafer owned Seeker Lure Company ("Seeker"), a small manufacturer of plastic fishing worms located in Hendersonville...

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