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U.S. v. MELIUS

No. 97-1237.

123 F.3d 1134 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Michael Dean MELIUS, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided September 9, 1997.

Rehearing and Suggestion for Rehearing Denied October 14, 1997.

Attorney(s) appearing for the Case

Mark D. Larsen, Asst. U.S. Atty., Minneapolis, MN, argued, for Plaintiff-Appellee.

Douglas W. Thomsom, St. Paul, MN, argued (Lisa D. Lodin, on the brief), for Defendant-Appellant.

Before LOKEN and ROSS, Circuit Judges, and FENNER, District Judge.

Rehearing and Suggestion for Rehearing En Banc Denied October 14, 1997.

FENNER, District Judge.

After the declaration of a mistrial without his consent, Michael Dean Melius ("Melius") filed a motion to dismiss the indictment against him on double jeopardy grounds. Melius now appeals the order of the district court2 which denied his motion to dismiss. Because we hold that the district court exercised sound discretion in determining...

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