United States v. George Ancheta

977 F.2d 591 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. George ANCHETA, Defendant-Appellant. No. 92-10113. United States Court of Appeals, Ninth Circuit. Submitted Aug. 17, 1992. * Decided Oct. 5, 1992. Before CHOY, SNEED and SKOPIL, Circuit Judges. 1 MEMORANDUM ** 2 Appellant George Ancheta appeals the district court's denial of his motion to dismiss his indictment on the ground that a third trial would violate his right under the Double Jeopardy Clause of the U.S. Constitution. The issue is whether the trial judge presiding in his second trial intentionally goaded the appellant into asking for a mistrial. We believe that he did not, and affirm. I. FACTS AND PROCEEDINGS BELOW 3 Appellant George Ancheta was arrested during an effort to market about four ounces of crystal methamphetamine ("ice"). On the day of his arrest, Ancheta offered a D.E.A. informant a sample of the drugs; later, he drove his co-defendant to the…