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UNITED STATES v. AUZENNE

No. 21-60124.

30 F.4th 458 (2022)

UNITED STATES of America, Plaintiff-Appellee, v. Gregory Alvin AUZENNE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

FILED April 4, 2022.

Attorney(s) appearing for the Case

Francesco Valentini , U.S. Department of Justice, Criminal Division, Appellate Section, Washington, DC, Sara Elizabeth Porter , Jeremy Raymond Sanders , Trial Attorney, U.S. Department of Justice, Criminal Division Fraud Section, Washington, DC, Michael A. Rotker, Esq. , U.S. Department of Justice, Criminal Division, Washington, DC, Kathlyn Rose Van Buskirk, Esq. , Assistant U.S. Attorney, U.S. Attorney's Office, Southern District of Mississippi, Gulfport, MS, for Plaintiff-Appellee.

Robert Thomas Smith , Mary C. Fleming , Katten Muchen Rosenman, L.L.P., Washington, DC, Thomas M. Fortner, Esq. , Lowrey & Fortner, P.A., Hattiesburg, MS, Rachel Malone Riley , Katten Muchen Rosenman, L.L.P., Dallas, TX, for Defendant-Appellant.

Before Barksdale, Engelhardt, and Oldham, Circuit Judges.

A jury acquitted Gregory Alvin Auzenne on seven counts. It hung on the eighth. Auzenne says the Double Jeopardy Clause bars the Government from retrying him on that eighth count. The district court said no. We agree and affirm.

I.

A.

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