United States v. Mitchell

SHEPHERD, Circuit Judge.

In August 2005, Daniel P. Mitchell was convicted of knowingly and fraudulently making a false statement under penalty of perjury in relation to a bankruptcy case, in violation of 18 U.S.C. § 152(3). The district court 1 ordered a new trial because the jury did not unanimously find that the false statements were material. The district court denied Mitchell’s motion to dismiss the indictment on double jeopardy grounds, and we affirmed that decision. United States v. Mitchell, 476 F.3d 539 (8th Cir.2007).

At a second trial, a jury again found Mitchell guilty of violating…