LIPEZ, Circuit Judge.
This appeal involves, in part, the unusual claim that the defendant Michael Newton's retrial was barred by the Double Jeopardy Clause, U.S. Const. amend. V, because the trial judge intentionally provoked his request for a mistrial.
I. Background
Newton was indicted with Wyman Hogan, Ernest Membrino and Edward Hall on October 12, 2000, by a federal grand jury sitting in the District of New Hampshire, and charged with conspiracy...
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