United States v. Elias Que Salvador, United States of America v. Katrina Denise Salvador

The appellants Elias Que Salvador and Katrina Denise Salvador (husband and wife) were tried in federal court for the armed robbery of a credit union ( 18 U.S.C. §§ 2 , 2113). Appellants’ first trial was terminated by a declaration of mistrial when the jury found itself deadlocked. Upon retrial, Elias Salvador was convicted on both counts of the indictment for the robbery of a federally insured credit union in violation of 18 U.S.C. §§ 2 , 2113(a) (Count I), and for doing so with the use of a dangerous weapon in violation of 18 U.S.C. §§ 2 , 2113(d) (Count II). Katrina Salvador was convicted on Count I of the indictment for her participation in the robbery and acquitted as to Count II.

On appeal from the judgment of conviction and sentence to custody, the Salvadors seek reversal based on two assertions of error. Initially, appellants contend the District Court abused its discretion in declaring a mistrial, and that as a result their reprosecution for the robbery was barred by the Double Jeopardy Clause of the Fifth Amendment. Appellants further contend the District Court erroneously denied their pretrial motion to suppress the evidence obtained as a result of the warrantless entry…