Nos. 12-20486, 12-20485.

735 F.3d 269 (2013)

UNITED STATES of America, Plaintiff-Appellant, v. Christopher Brian POOLE, Defendant-Appellee. United States of America, Plaintiff-Appellee, v. Christopher Brian Poole, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 11, 2013.

Attorney(s) appearing for the Case

Renata Ann Gowie , Assistant U.S. Attorney, U.S. Attorney's Office, Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers , Federal Public Defender, Peter Bray , Federal Public Defender's Office, Houston, TX, for Defendant-Appellant.

Before SMITH, DENNIS, and HIGGINSON, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Christopher Poole was convicted of one count of felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). After a hearing, the district court vacated the jury verdict and granted a new trial but denied Poole's motion to dismiss the indictment on double-jeopardy grounds. In separate, consolidated appeals, the government challenges the grant of a new trial (No. 12-20486), and Poole attacks the denial of his motion to...

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