United States v. Christopher Poole

JERRY E. SMITH, Circuit Judge:

Christopher Poole was convicted of one count of felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). After a hearing, the district court vacated the jury verdict and granted a new trial but denied Poole’s motion to dismiss the indictment on double-jeopardy grounds. In separate, consolidated appeals, the government challenges the grant of a new trial (No. 12-20486), and Poole attacks the denial of his motion to dismiss the indictment (No. 12-20485).

Because the district court erred in ordering a new trial, we reverse that order and remand with…