United States v. Domenic Simonetti

TORRUELLA, Circuit Judge.

Defendant Domenic Simonetti was charged with conspiracy to possess cocaine with intent to distribute it in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(C), and 846. After the trial began, the district court severed Simonetti’s case from that of his codefendant and declared a mistrial over Simonetti’s objection. Simonetti later moved to dismiss the indictment, alleging retrial 'would constitute double jeopardy in violation of his constitutional rights. The district court denied the motion and we affirm.

Prior to trial, the government released to Simonetti redacted…