Agustine Dozal Moroyoqui v. United States

In 1976 Petitioner Moroyoqui was put on trial on charges of conspiracy to possess with intent to distribute cocaine and with distribution of cocaine, in violation of 21 U.S.C. §§ 841 (a)(1) and 846. During the examination of a government witness, information was brought out under questioning by the prosecution which was prejudicial to the petitioner. The court granted defense counsel’s request for a mistrial.

Before a second trial was held, petitioner moved for dismissal, claiming that he was forced to demand a mistrial because of overreaching and misconduct by the prosecutor and that, under those circumstances, requiring him to undergo a second trial would violate his rights under the Double Jeopardy Clause of the Fifth Amendment. After a hearing on the matter the trial judge denied the motion, concluding that neither the prosecutor nor the witness had “knowingly” introduced the prejudicial information. Petitioner then sought permission to appeal the denial. Apparently aware both of the Ninth Circuit’s decision in United States v. Young, 544 F.2d 415 (1976), cert. denied 429 U.S. 1024 , 97 S.Ct. 643 , 50 L.Ed.2d 626 , holding such denials unappealable, and of the pendency before…