U.S. v. NEWTON

No. 02-1643.

327 F.3d 17 (2003)

UNITED STATES of America, Appellee, v. Michael NEWTON, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided April 29, 2003.


Attorney(s) appearing for the Case

Michele J. Woods, with whom Joshua D. Franklin was on brief, for appellant.

Mark E. Howard, Assistant United States Attorney, with whom Thomas P. Colantuono, United States Attorney, was on brief, for appellee.

Before BOUDIN, Chief Judge, SELYA and LIPEZ, Circuit Judges.


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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