United States v. James Wesley McMurry United States of America v. Tommy Cordon Edwards

SETH, Circuit Judge.

Defendants-appellants, James Wesley McMurry and Tommy Cordon Edwards, were convicted on one count of conspiracy to possess and one count of possession of cocaine with intent to distribute in violation of 21 U.S.C. § 841(a)(1) and § 846 in a second trial on the indictment.

Appellants contend that the indictment should have been dismissed after the prosecution deliberately caused a mistrial during the first trial. Appellant Edwards also argues that the trial court should have granted his motion for a pretrial Petersen-Andrews hearing.

The facts relevant to this appeal are as…