OPINION AND ORDER
LAFFITTE, Chief Judge.
Before the Court is the Government's motion to schedule a new trial in the above captioned case. The Government's request comes after the Court, sua sponte, declared a mistrial on the fourth day of a jury trial due to a lack of a twelve-member jury. Defendant Jose Toribio-Lugo argues that jeopardy has attached, and in light of the circumstances surrounding the declaration of mistrial, the Double Jeopardy Clause...
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