United States v. Lara-Ramirez

LIPEZ, Circuit Judge.

Defendant Paulino Lara-Ramirez (“Lara”) appeals the denial of a motion to dismiss the charges against him on double jeopardy grounds after his first trial resulted in a mistrial. He argues that the district court’s mistrial declaration, following discovery of a Bible in the jury room during deliberations, was made without his consent and without the required showing of manifest necessity. After careful review, we agree and conclude that the district court erred in refusing to dismiss the indictment.

I

Lara was indicted for importing and distributing more than 500 grams of…