United States v. Campbell

OWEN, Circuit Judge:

Charles Campbell appeals his felony conviction on the ground that his second trial violated the Double Jeopardy Clause of the Fifth Amendment. We affirm.

I

Campbell was arrested and charged with being a felon in possession of a firearm in violation of 18 U.S.C. §§ 922 and 924(e). He pleaded not guilty and a trial before a jury was subsequently commenced. At the close of approximately six hours of testimony over the course of two days, the district court dismissed the lone alternate juror without instructions to refrain from discussing the case. The jury then retired to…