U.S. v. MONDRAGON

No. 12-30360.

741 F.3d 1010 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Abraham Garcia MONDRAGON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 23, 2013.


Attorney(s) appearing for the Case

Robert Gombiner , Seattle, WA, for Defendant-Appellant.

Helen J. Brunner (argued), Assistant United States Attorney, and Jenny A. Durkan , United States Attorney, Western District of Washington, Seattle, WA, for Plaintiff-Appellee.

Before: A. WALLACE TASHIMA, SUSAN P. GRABER, and MARY H. MURGUIA, Circuit Judges.


OPINION

GRABER, Circuit Judge:

Defendant Abraham Garcia Mondragon entered into a plea agreement after the jury had been empaneled in this criminal case. The district court accepted Defendant's guilty plea, declared a mistrial, and discharged the jury. After successfully moving to rescind his guilty plea, Defendant sought to avoid trial altogether by invoking the Double Jeopardy Clause's protection of his right to have the first empaneled jury decide his...

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