United States v. David Allen Bates Ricky Lee Archer

FLETCHER, Circuit Judge:

Ricky Lee Archer and David Allen Bates appeal the district court’s denial of a motion to dismiss indictments charging them with armed robbery. Their initial trial ended when the district court sua sponte declared a mistrial. They allege that retrial would violate the fifth amendment double jeopardy clause. We agree with defendants and reverse.

FACTS

Archer’s and Bates’s charges arise from two Modesto bank robberies. The first occurred at Guarantee Savings & Loan on November 18, 1988; the second, at First Interstate Bank, on November 28, 1988. Archer and Bates each were…