United States v. Louis Glenwood Lansdown

WINTER, Circuit Judge:

In defendant’s first trial for armed bank robbery and conspiracy to commit armed bank robbery, a mistrial was declared over defendant’s objection. The district court took this action because it believed that the jury was hopelessly deadlocked. Defendant then moved to dismiss the indictment on the ground that jeopardy had attached at his first trial and a retrial would violate his constitutional guarantee against double jeopardy. When the district judge denied the motion and refused to stay the second trial pending an appeal of his order denying dismissal, we granted a…