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U.S. v. FISHER

No. 10-30424.

624 F.3d 713 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Darius Nathaniel FISHER, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 26, 2010.

Attorney(s) appearing for the Case

Camille Ann Domingue (argued), Brett L. Grayson , Asst. U.S. Attys., J. Collins Sims , Lafayette, LA, for Plaintiff-Appellee.

Derriel Carlton McCorvey (argued), Law Office of Derriel C. McCorvey, L.L.C., Lafayette, LA, for Defendant-Appellant.

Before SMITH, WIENER, and ELROD, Circuit Judges.

JENNIFER WALKER ELROD, Circuit Judge:

This appeal arises out of a mistrial that the district court declared sua sponte after two essential prosecution witnesses became unavailable to testify as scheduled. The record demonstrates that there was no manifest necessity for the mistrial. Accordingly, we REVERSE the district court's denial of Fisher's motion to dismiss the indictment on double-jeopardy grounds and we render...

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