United States v. Smith

GALLAGHER, Associate Judge:

This appeal presents the question of whether the government is collaterally es-topped from a retrial of the defendant (ap-pellee) for obstruction of justice. He was originally tried by jury under an indictment containing three counts: obstruction of justice, threats to do bodily harm and bribery.1 He was acquitted of the charges of threats to do bodily harm and bribery, and the jury “hung” on the charge of obstruction of justice. Prior to retrial on obstruction of justice, the trial court dismissed with prejudice this charge on the ground of collateral estoppel. It…