United States v. Pedro Antonio Rodriguez

995 F.2d 234 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Pedro Antonio RODRIGUEZ, Defendant-Appellant. No. 92-10422. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 12, 1993. Decided June 3, 1993. 1 Before BROWNING and CANBY, Circuit Judges, KELLEHER, * Senior District Judge. ORDER 2 Appellant challenges his conviction for possession of marijuana with intent to distribute, 21 U.S.C. Sections 841 (a)(1) and 841(b)(1)(B)(vii), on grounds of double jeopardy. Judge Richard M. Bilby declared a mistrial after closing arguments in Appellant's first trial to permit the government to introduce new evidence at a second trial. 3 As a general rule "criminal defendants have a right to have the jury first empaneled to try them reach a verdict." United States v. Bates, 917 F.2d 388, 392 (9th Cir.1990). Where, as here, a defendant has not knowingly and intelligently waived his double jeopardy rights retrial is…