U.S. v. LARA-RAMIREZ

No. 06-2108.

519 F.3d 76 (2008)

UNITED STATES of America, Appellee, v. Paulino LARA-RAMIREZ, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided March 11, 2008.


Attorney(s) appearing for the Case

Jacabed Rodriguez-Coss, with whom Rosa Emilia Rodriguez-Velez, United States Attorney, Nelson Pérez-Sosa, Assistant United States Attorney, and Mariana E. Bauzá-Almonte, Assistant United States Attorney, were on brief, for appellee.

Juan J. Hernández López de Victoria for appellant.

Before LIPEZ and HOWARD, Circuit Judges, and SMITH, District Judge.


LIPEZ, Circuit Judge.

Defendant Paulino Lara-Ramirez ("Lara") appeals the denial of a motion to dismiss the charges against him on double jeopardy grounds after his first trial resulted in a mistrial. He argues that the district court's mistrial declaration, following discovery of a Bible in the jury room during deliberations, was made without his consent and without the required showing of manifest necessity. After careful review, we agree and conclude that the district...

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