Conviction of a defendant for bank robbery and using a firearm during a robbery at the second trial after the jury in the first trial was unable to reach a verdict is affirmed where: 1) double jeopardy did not bar defendant’s second trial as defendant has not shown any error, let alone plain error, in the district court’s decision to discharge the first jury; and 2) the circumstantial evidence supports a finding of guilty beyond a reasonable doubt.
Read US v. Warren, No. 09-1228
Appellate Information
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division
Decided January 27, 2010
Judges
Before: Easterbrook, Chief Judge, Manion, and Tinder, Circuit Judges
Opinion by Circuit Judge Tinder
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