U.S. v. QUIALA

No. 91-5330.

19 F.3d 569 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Wilberto QUIALA, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

April 21, 1994.


Attorney(s) appearing for the Case

Yolanda Morales, Kathleen A. Hamilton, Coconut Grove, FL, for defendant-appellant.

Linda Collins Hertz, Alice Ann Burns, Edward Ryan, Asst. U.S. Attys., Miami, FL, for plaintiff-appellee.

Before BLACK, Circuit Judge, and DYER and SMITH, Senior Circuit Judges.


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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