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U.S. v. ELLIOT

No. CR.03-00244 SOM.

369 F.Supp.2d 1203 (2004)

UNITED STATES of America, Plaintiff, v. Basho ELLIOT, aka "Bosch Elliot," Defendant.

United States District Court, D. Hawai`i.

October 1, 2004.

Attorney(s) appearing for the Case

Beverly Sameshima, Assistant U.S. Attorney, Office of the United States Attorney, Honolulu, HI, for Plaintiff.

Michael Jay Green, Honolulu, HI, Joseph T. Vodnoy, Los Angeles, CA, for Defendant.

ORDER DENYING MOTION TO DISMISS ON DOUBLE JEOPARDY GROUNDS

MOLLWAY, District Judge.

I. INTRODUCTION.

Defendant Basho Elliot moves for dismissal of this drug case on the ground that any trial would place him in double jeopardy. Previous trial proceedings ended in a mistrial before the evidence closed. During the cross-examination of Sergio Hevia, a defense witness, the court learned that Hevia had been represented by Elliot's lead trial...

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