United States v. Sanford

429 U.S. 14 (1976)

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Nature of the Case

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Facts

Ds were indicted for illegal game hunting. A jury trial resulted in a hung jury, and the District Court declared a mistrial. P was preparing to retry them, and Ds moved to dismiss the indictment. The District Court dismissed it. P's appeal pursuant to the Criminal Appeals Act, 18 U.S.C. § 3731, was dismissed by the Court of Appeals because that court thought retrial was barred by the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution. P petitioned for certiorari, and the Court vacated the judgment in light of Serfass v. United States. On remand, the Court of Appeals affirmed.