United States v. Donald Ray Goodine

Affirmed and remanded by published opinion. Judge KING wrote the opinion, in which Judge LUTTIG joined. Judge TRAXLER wrote a separate opinion concurring in part and concurring in the judgment.

OPINION

KING, Circuit Judge.

Donald Ray Goodine was tried in April 2004 in Greensboro, North Carolina, on a two-count federal indictment, resulting in a hung jury on one charge and an acquittal on the other. Goodine has appealed the district court’s post-trial ruling that he could be retried on the charge on which the jury hung (and on which a mistrial was declared) without contravening the Double…