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U.S. v. ALBANESE

No. 99-1078.

195 F.3d 389 (1999)

UNITED STATES of America, Appellee, v. Michael Gandolfo ALBANESE, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided October 5, 1999.

Attorney(s) appearing for the Case

Patrick A. McInerney, Asst. U.S. Atty., Kansas City, MO, argued (Stephen L. Hill, U.S. Atty., on the brief), for Appellee.

David V. Ayres, Leavenworth, KS, argued (Thomas M. Dawson, on the brief), for Appellant.

Before BOWMAN and HEANEY, Circuit Judges, and LONGSTAFF, District Judge.

BOWMAN, Circuit Judge.

Michael Gandolfo Albanese was charged with conspiring to distribute five or more kilograms of cocaine in violation of 21 U.S.C. § 841 (1994). Two prior proceedings having ended in mistrials, Albanese was convicted in a third proceeding and sentenced to 360 months of incarceration. He appeals, claiming that government misconduct caused the second proceeding to end in a mistrial and that the Double Jeopardy Clause therefore barred his subsequent...

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