United States v. Sylvio J. Grasso

OAKES, Circuit Judge:

This appeal presents the recurring issue whether retrial of the defendant appellee after his original trial ended in a mistrial declared by the trial judge sua sponte would violate the double jeopardy clause of the Fifth Amendment. The issue is one said to “escape meaningful categorization,” as “virtually all of the cases turn on the particular facts,” Illinois v. Somerville, 410 U.S. 458, 464, 93 S.Ct. 1066,1070, 35 L.Ed.2d 425 (1973). Appeal here is by the Government from an order of the United States District Court for the District of Connecticut, Robert C. Zampano,…