United States v. Lonnie J. Sammaripa

Lonnie J. Sammaripa, Sr. was convicted of one count of committing assault resulting in serious bodily injury on an Indian reservation in violation of 18 U.S.C. §§ 113 (a)(7) and 1153. At his first trial, after the jury was selected and sworn, the government moved for a mistrial alleging that Sammaripa had exercised his peremptories in violation of Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986). The district court granted the mistrial over Sammaripa’s objection, excused the jury, and scheduled a new trial to begin the next day. Before his second trial, Sammaripa moved for dismissal on the ground that the new trial violated his right to be free from double jeopardy. The district court denied Sammaripa’s motion, and he was eventually convicted. We have jurisdiction under 28 U.S.C. § 1291 . We reverse.

BACKGROUND

On October 13, 1993, Sammaripa was indicted on one count of assault on an Indian reservation, in violation of 18 U.S.C. §§ 113 (a)(7) and 1153.

Jury selection for the trial began on January 10, 1994. After the jury, was empaneled and sworn, the government. made a Batson objection, alleging that defense counsel had used his peremptory challenges in…