U.S. v. BROWN

No. 05-1183.

426 F.3d 32 (2005)

UNITED STATES of America, Appellee, v. Robert BROWN, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided October 14, 2005.


Attorney(s) appearing for the Case

Robert C. Andrews, for appellant.

Michael J. Conley, Attorney with whom Paula D. Silsby, United States Attorney and F. Mark Terison, Senior Litigation Counsel, were on brief, for appellee.

Before TORRUELLA, DYK, and HOWARD, Circuit Judges.


HOWARD, Circuit Judge.

Robert Brown appeals the district court's refusal to dismiss his indictment on double jeopardy grounds following a trial that ended in a hung jury. Brown contends that, although the jury was unable to reach a unanimous verdict, the court abused its discretion by declaring a mistrial before it had explored all of the potential alternatives. Accordingly, Brown argues, the government failed to establish the "manifest necessity" of declaring a mistrial...

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