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U.S. v. McINTOSH

No. 03-2522, 03-2524, 03-2566.

380 F.3d 548 (2004)

UNITED STATES of America, Appellee, v. Dennis P. McINTOSH, Defendant, Appellant. United States of America, Appellee, v. Herbert H. Cates, Defendant, Appellant. United States of America, Appellee, v. Janice Douglas A/K/A Janice Baltimore, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided August 20, 2004.

Attorney(s) appearing for the Case

Willie J. Davis, with whom Davis, Robinson & White, LLP, James S. Dilday, and Grayer & Dilday were on consolidated brief, for appellants McIntosh and Douglas.

Peter Charles Horstmann, with whom Partridge, Ankner & Horstmann, LLP was on consolidated brief, for appellant Cates.

Peter A. Mullin, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, was on brief, for the United States.

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

SELYA, Circuit Judge.

A federal grand jury charged defendants-appellants Dennis P. McIntosh, Janice Douglas, and Herbert H. Cates with multiple counts of mail and wire fraud. See 18 U.S.C. §§ 1342, 1343. After their first trial ended in a hung jury, the appellants moved to dismiss the indictment, asserting that further prosecution would run afoul of the Fifth Amendment's double jeopardy bar. The district court denied this joint motion and the appellants...

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