United States v. Julius Zimmelman

Julius Zimmelman appeals pursuant to Abney v. United States, 431 U.S. 651, 659, 97 S.Ct. 2034, 2040, 52 L.Ed.2d 651 (1977), from the denial of a motion to dismiss an indictment on grounds of double jeopardy. 1 We affirm.

After a jury trial resulted in Zimmelman’s conviction, the district court granted Zimmelman’s motion for a mistrial based upon alleged prosecutorial misconduct in the cross-examination of a witness. In doing so, the court ordered a new trial and denied Zimmelman’s request to dismiss the indictment.

The Double Jeopardy Clause bars re-prosecution of a case after the grant of a…