U.S. v. CHICA

No. 93-4560.

14 F.3d 1527 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Manuel Lazaro CHICA and Ineldo Leo Ramos, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

February 24, 1994.


Attorney(s) appearing for the Case

Kathleen J. Cooper and Howard M. Srebnick, Asst. Federal Public Defenders, Miami, FL, for Chica.

Vincent J. Flynn, Coconut Grove, FL, for Ramos.

Roberto Martinez, U.S. Atty., Jose Bonau, Linda Collins Hertz, and Anne Ruth Schultz, Asst. U.S. Attys., Miami, FL, for plaintiff-appellee.

Before CARNES, Circuit Judge, and FAY and JOHNSON, Senior Circuit Judges.


CARNES, Circuit Judge:

I. INTRODUCTION

Following the declaration of a mistrial over their objections, Manuel Lazaro Chica and Ineldo Leo Ramos moved to dismiss the indictment against them on double jeopardy grounds. They appeal the district court's denial of their motions. Because we hold that the declaration of the mistrial was not based on "manifest necessity," we reverse the district court's denial of the motions to dismiss the indictment.

II...

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