United States v. Robert Council, Jr.

OPINION

BUTZNER, Senior Circuit Judge:

In a prosecution against Robert L. Council, Jr., the district court granted Council’s motion for a judgment of acquittal on counts eight and twelve of the indictment as a sanction for the prosecutor’s violation of Federal Rule of Criminal Procedure 16. At the close of the evidence, it granted a judgment of acquittal of count ten because of multiplicity. The court below declared a mistrial while the jury was considering counts nine and eleven.

After the declaration of mistrial, the government sought to reprosecute on counts eight, nine, eleven, and twelve.…