United States v. Anita Miranda-Parra and Maria Delia-Estrada

Appellants and other codefendants are charged by indictment with conspiracy to transport and harbor aliens, harboring aliens, and aiding and abetting the transportation of aliens. During the course of their trial a mistrial was declared by the district court because of an audible comment by a government agent during cross-examination of a government witness by defense counsel. A new trial date was set and appellants moved to dismiss the indictment on the ground of double jeopardy. The government opposed the motion and after a hearing the district court denied appellants’ motion. Appellants appeal this denial under the authority of Abney v. United States, 431 U.S. 651 , 97 S.Ct. 2034 , 52 L.Ed.2d 651 (1977). The government filed an emergency motion for summary affirmance. We grant the motion and affirm the district court’s denial of the appellants’ motion to dismiss the indictment.

I.

FACTS

Trial of the appellants commenced on June 3, 1980. During the course of the second day of trial, defense counsel was cross-examining a government witness, and attempted to obtain the address of the witness’s wife in order to subpoena her. The witness indicated that he did not wish to reveal…