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U.S. v. SIMPSON

No. 95-3048.

94 F.3d 1373 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Marlin A. SIMPSON, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

August 19, 1996.

Attorney(s) appearing for the Case

Submitted on the briefs:*

Randall K. Rathbun, United States Attorney, David M. Lind, Assistant United States Attorney, Office of the United States Attorney, Wichita, Kansas, for Plaintiff-Appellee.

Michael Gordon Katz, Federal Public Defender, James P. Moran, Assistant Federal Public Defender, Office of the Federal Public Defender, Denver, Colorado, for Defendant-Appellant.

Before BALDOCK, BRORBY and EBEL, Circuit Judges.

EBEL, Circuit Judge.

After the jury was unable to reach a verdict in his first trial, Marlin Simpson was convicted on retrial of possession with intent to distribute crack cocaine and of using or carrying a firearm during and in relation to a drug trafficking offense. Simpson appeals, claiming: (1) because there was no manifest necessity for the first mistrial, his retrial was barred by the Double Jeopardy Clause; and (2) the evidence was insufficient to support his...

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