DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
232431P.pdf 02/23/2024 United States v. Donavan White Owl
U.S. Court of Appeals Case No: 23-2431
U.S. District Court for the District of North Dakota - Western
[PUBLISHED] [Colloton, Author, with Smith, Chief Judge, and Loken, Circuit
Judge]
Criminal Case - Criminal law. A new trial is not forbidden by the Double
Jeopardy Clause of the Constitution, and the district court did not err in
denying defendant's motion to dismiss the indictment on that basis,
because defendant impliedly consented to the mistrial that was declared in
his first trial.