United States v. Scott Dunbar Shafer

OPINION

K.K. HALL, Circuit Judge:

Scott Dunbar Shafer conditionally pleaded guilty to mail fraud in violation of 18 U.S.C. § 1341. The plea preserved his right to appeal the district court’s decision to declare a mistrial over his objection. We conclude that there was no “manifest necessity” for the mistrial and reverse.

I

Shafer owned Seeker Lure Company (“Seeker”), a small manufacturer of plastic fishing worms located in Hendersonville, North Carolina. On February 21, 1985, the building occupied by Seeker burned to the ground. Shafer received an insurance settlement for the building’s contents.

O…