DYER, Senior Circuit Judge:
Quiala appeals the denial of his motion to dismiss the indictment on double jeopardy grounds. Following the district court's sua sponte declaration of a mistrial in Quiala's first trial, Quiala was retried and convicted of conspiracy and possession with intent to distribute at least one kilogram of cocaine on board a vessel, in violation of 46 U.S.C.App. § 1903(a), (g), and 18 U.S.C. § 2. Because we find that the retrial...
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