United States v. John Hitchmon, A/K/A John Ashanti, and Jessie Lee Fussell, Defendants

*1359TJOFLAT, Circuit Judge:

John Hitchmon and Jessie Lee Fussell appeal judgments of conviction for intimidating an officer of the law in violation of 18 U.S.C. § 111 (1976). These judgments were entered after their second jury trial on these charges, a motion for new trial having been granted after their first convictions were affirmed by this court. We find that we must reverse and remand for yet another trial because the court below was without jurisdiction to try and convict these defendants.

The appellants were indicted on August 14, 1975. The convictions resulting from their first trial were…