United States v. Kenneth Williams, A/K/A Junior

OPINION OF THE COURT

SLOVITER, Circuit Judge.

Before us is the Government’s appeal of an order entered by the District Court granting the motion of defendant/appellee Kenneth Williams to dismiss the indictment on double jeopardy grounds, which followed the Court’s grant of Williams’ motion for a mistrial. The principal issue is the legal standard to be applied by the District Court in considering a motion to dismiss an indictment for what the District Court viewed as prosecutorial misconduct.

I

County detectives who were engaged in an undercover investigation into the distribution of cocaine base…