United States v. Ella Joan Williams

Ella Joan Williams appeals from a district court order which denied her motion to dismiss the indictment. Appellant’s first trial ended in a mistrial. She argues that the double jeopardy clause bars retrial. We affirm.

I.

FACTS

Appellant and several codefendants were indicted on August 26, 1980 for Hobbs Act violations and other counts resulting from an attempt to extort the sum of $3,000,-000.00 from Harvey’s Resort Hotel and Casino in Stateline, Nevada.

On December 6, 1982, the jury trial of appellant and a codefendant, Willis Brown, was commenced in the United States District Court for the District of Nevada. After the jury had been sworn, the trial recessed pending further plea negotiations. The government had initially offered plea bargains that were conditioned on both defendants accepting. Against the advice of counsel, appellant refused to plead guilty and expressed a desire to go forward with the trial. Subsequently, defense counsel moved to withdraw from the ease. On December 7, 1982, the trial court granted counsel’s motion and declared a mistrial as to appellant. Codefendant Brown accepted the plea offer. Following this pretrial motion to dismiss, appellant…