United States v. Robert Richard Mutchler and Mike Byrn Green

Upon reconsideration of our September 21, 1977; opinion in this case reported at 559 F.2d 955 (5 Cir. 1977), the following changes are hereby made.(1) The following footnote “2” shall be added at the end of the word “challenges” line twelve from the top of the second column, 559 F.2d at page 958.

“Prosecutions clearly are ‘similar’ where they involve the same offense, the same prosecuting witnesses and the same prosecutor. That is the rule of this case. We decline to speculate whether prosecution for a related offense or other variations and combinations of these elements would render a…