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U.S. v. VALADEZ-CAMARENA

No. 97-2366.

163 F.3d 1160 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Jose De Jesus VALADEZ-CAMARENA, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 11, 1998.

Attorney(s) appearing for the Case

Peter E. Edwards, Assistant Federal Public Defender (Ann Steinmetz, Federal Public Defender, with him on the briefs), Las Cruces, New Mexico, for Defendant-Appellant.

Paula Burnett, Assistant United States Attorney (John J. Kelly, United States Attorney, and Peter M. Ossorio, Supervisory Assistant United States Attorney, on the brief), Las Cruces, New Mexico, for Plaintiff-Appellee.

Before SEYMOUR, Chief Judge, PORFILIO and BRORBY, Circuit Judges.

SEYMOUR, Chief Judge.

In late October 1997, Jose de Jesus Valadez-Camerena was on trial for conspiracy, 21 U.S.C. § 846, and possession with intent to distribute over five kilograms of cocaine, 21 U.S.C. § 841(a)(1) & (b)(1)(A). In the middle of the trial, the government questioned an expert witness beyond the scope allowed by the judge. Mr. Valadez-Camarena moved for a mistrial, which was granted. He subsequently contended the Double Jeopardy Clause...

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