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U.S. v. VON SPIVEY

Nos. 89-5421, 89-5422.

895 F.2d 176 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Kevin VON SPIVEY, a/k/a Kevin Bell, a/k/a Kevin Gunn, Defendant-Appellant. (Two Cases)

United States Court of Appeals, Fourth Circuit.

Decided February 5, 1990.

Attorney(s) appearing for the Case

James Christopher Savage, Rockville, Md., for defendant-appellant.

E. Thomas Roberts, Asst. U.S. Atty. (Breckinridge L. Willcox, U.S. Atty., Baltimore, Md., on brief) for plaintiff-appellee.

Before ERVIN, Chief Judge, BUTZNER, Senior Circuit Judge, and WARD, Senior United States District Judge for the Middle District of North Carolina, sitting by designation.

HIRAM H. WARD, Senior District Judge:

Kevin Von Spivey appeals, alleging that his reindictment following a grant of mistrial violates the double jeopardy clause. Specifically, appellant contends that no manifest necessity existed to support the grant of mistrial. The district court denied appellant's motion to dismiss the subsequent indictment. We affirm.

I

On April 27, 1988, appellant, together with other defendants, was charged in a superseding...

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