United States v. Edward Starling

TUTTLE, Circuit Judge:

The appellant, Edward Starling, was charged in a single indictment with embezzlement of a letter from the United States mails and unlawful conversion of postal monies, in violation of 18 U.S.C. §§ 1709, 1711. His jury trial ended when the district court, sua sponte, declared a mistrial. Prior to an anticipated second trial, appellant moved to dismiss the indictment, contending that re-prosecution was barred by the Double Jeopardy Clause of the Fifth Amendment. The district court denied the motion, precipitating this appeal. We reverse.

I. FACTS

Appellant’s trial commenced…