United States v. Rodriguez

CLARK, Circuit Judge:

On this appeal from their conviction for possession of marijuana with the intent to distribute it in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2, Frank Rodriguez, Carlos Castillo and Teodoro Tobar make three arguments for reversal: (1) their retrial after the first jury was discharged for failure to agree placed them twice in jeopardy; (2) the search through which the marijuana was discovered and seized violated their fourth amendment rights; and (3) the district court erred in not dismissing the indictment since the time between arraignment and trial was longer…