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U.S. v. GIVENS

Nos. 95-3760 through 95-3762.

88 F.3d 608 (1996)

UNITED STATES of America, Appellee, v. Kenneth GIVENS, Robert Turner, and Guinn Kelly, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided July 5, 1996.

Rehearing and Suggestion for Rehearing Denied September 6, 1996.

Attorney(s) appearing for the Case

Ronald A. Norwood, St. Louis, MO, argued, for appellants. Rodolfo Rivera, St. Louis, MO, on the brief, for appellant Kenneth Givens. Ronald A. Norwood, St. Louis, MO, on the brief, for appellant Robert Turner. Kurt D. Schultz, St. Louis, MO, on the brief, for appellant Guinn Kelly.

James Garvin Martin, St. Louis, MO, argued (Edward L. Dowd, Jr., as U.S. Atty., on the brief), for appellee.

Before MAGILL, FLOYD R. GIBSON, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied September 6, 1996.

MORRIS SHEPPARD ARNOLD, Circuit Judge.

Appellants contend that the district court improperly declared a mistrial and subjected them to double jeopardy by retrying them. The district court believed that manifest necessity required a mistrial in the defendants' first trial and therefore rejected appellants' claims of double jeopardy. We reverse the judgment of the district court as to two...

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