United States v. Simpson

EBEL, Circuit Judge.

After the jury was unable to reach a verdict in Ms first trial, Marlin Simpson was convicted on retrial of possession with intent to distribute crack cocaine and of using or carrying a firearm during and in relation to a drug trafficking offense. Simpson appeals, claiming: (1) because there was no manifest necessity for the first mistrial, his retrial was barred by the Double Jeopardy Clause; and (2) the evidence was Msufficient to support Ms conviction on either count. Simpson also challenges the use of a prior battery conviction in Ms sentencing calculation on the ground…