United States v. Oscar Meza-Soria
Court of Appeals for the Ninth Circuit
1Opinion of the Court
FERNANDEZ, Circuit Judge:
Oscar Meza-Soria (Meza-Soria) was indicted for violating 8 U.S.C. § 1326 by being an alien who reentered the country after having been deported. His first trial ended in a mistrial, which was granted over his opposition. When the government sought to retry him, he moved to dismiss on double jeopardy grounds. He asserted that the grant of the mistrial was based on the district court’s erroneous view of the law, and that, as a result, no further prosecution was permissible. The district court denied his motion and he appealed. We reverse.
BACKGROUND
Meza-Soria entered the…
2Cases cited29 opinions
- In Re WINSHIPSupreme Court of the United States · 1970
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