United States v. Michael Dean Melius

FENNER, District Judge.

After the declaration of a mistrial without his consent, Michael Dean Melius (“Melius”) filed a motion to dismiss the indictment against him on double jeopardy grounds. Melius now appeals the order of the district court 2 which denied his motion to dismiss. Because we hold that the district court exercised sound discretion in determining that the mistrial was based upon “manifest necessity,” we affirm the district court’s order.

I

On November 13 and 14, 1996, Melius was tried in Duluth, Minnesota, on a two-count superseding indictment charging him with possession with…