United States v. Robert W. Crouch and Albert Kudelka, Jr.

THORNBERRY, Circuit Judge:

This is a double jeopardy case. Defendants were tried in district court on a fifteen count indictment alleging various firearms related offenses.1 After the jury had been sworn and the government had presented its case, the trial judge declared a mistrial. The defendants then filed pleas of former jeopardy alleging that the declaration of mistrial was sua sponte and not supported by “manifest necessity”. United States v. Perez, 22 U.S. (9 Wheat.) 579, 580, 6 L.Ed. 165 (1824).2 The district judge denied the *1314motions, declaring that the mistrial was granted in response…