United States v. Mary Catherine Mize

WISDOM, Circuit Judge:

This case comes before us for a second time. On the first appeal, we reversed the conviction of the defendant, Mary Mize, because of a constructive amendment of the indictment at trial 756 F.2d 353. After being reindicted and retried, Mize appeals her second conviction, contending that her second trial was prohibited by the double jeopardy clause and the Speedy Trial Act. We find that her double jeopardy claim was foreclosed by our decision in her previous appeal and that her retrial began within the time limitations provided by the Speedy Trial Act. Accordingly, we…