United States v. Turner & Kelly

130 F.3d 815 (8th Cir. 1997)

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Nature of the Case

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Facts

Ds were indicted for submitting false time cards that showed more hours than they actually worked at a federal public housing project. The charges against them was brought under 18 U.S.C. § 641 (stealing money from a federal agency), 18 U.S.C. § 1001(a) (making a materially false statement to a federal agency), or 18 U.S.C. § 371 (conspiring with another person to do either or both of the above). By the time of trial, a superseding indictment against D was in effect. On the fourth day of trial, when it appeared that a defense lawyer might have to testify on behalf of Ds to impeach a government witness, the trial court declared a mistrial. The trial court denied motions by Ds to dismiss the indictment. Ds appealed, and a panel of the appeals court held that no 'manifest necessity' existed for declaring a mistrial because their cases could have been severed from that of a third defendant. The government returned another superseding indictment with the same factual basis for the charges but no conspiracy charges were included, but now there were new charges of aiding and abetting. Ds moved to dismiss on the grounds of double jeopardy and res judicata. A magistrate judge recommended that the motions be denied. The trial court adopted the recommendations of the magistrate judge and denied the motions to dismiss. Ds appealed the denial of their motions.