United States v. Leonard Gooday

HUG, Circuit Judge:

Gooday appeals a pretrial order denying his motion to dismiss, on double jeopardy grounds, the indictment pending against him. Appellate jurisdiction exists under Abney v. United States, 431 U.S. 651, 662, 97 S.Ct. 2034, 2041, 52 L.Ed.2d 651 (1977).

Gooday was tried under a one-count indictment for first-degree murder. At Goo-day’s request, the jury was instructed on the lesser included offenses of second-degree murder, voluntary manslaughter, and involuntary manslaughter. The jury acquitted him of the first-degree murder charge, but was unable to reach a verdict on the…