United States v. Tafoya

PAUL KELLY, JR., Circuit Judge.

In early 2008, Defendant Alfred R. Tafo-ya was on trial for one count of being a felon in possession of a firearm in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). See 1 R. Docs. 2, 54. During direct examination of its third witness, the government elicited testimony that was beyond the scope permitted by the district judge. See 1 R. Doc. 124. Mr. Tafoya immediately moved for a mistrial, which was granted. Mr. Tafoya subsequently moved to dismiss the charge, contending that the Double Jeopardy Clause barred retrial because the prosecutor had goaded defense…