United States v. Timothy Washington

BEAM, Circuit Judge.

Timothy Washington sat silent in the courtroom while his counsel made numerous motions for a mistrial at Washington’s first trial on drug trafficking charges. The district court 2 ultimately granted counsel’s last mistrial motion. Washington was subsequently re-tried and convicted. He now claims a mistrial should neither have been sought nor granted because his counsel did not allow him to make that decision. He also contends that his retrial was barred on double jeopardy grounds because the prosecutor intended to provoke his counsel into moving for a mistrial. We reject…