United States v. Lance Amille Tobias

91 F.3d 157 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Lance Amille TOBIAS, Defendant-Appellant. No. 94-50367. United States Court of Appeals, Ninth Circuit. Submitted April 9, 1996. * Decided June 28, 1996. 1 Before: O'SCANNLAIN and TROTT, Circuit Judges, and VAN SICKLE, District Judge. ** 2 MEMORANDUM *** 3 Lance Tobias was convicted of conspiracy to commit armed bank robbery, armed bank robbery, and use of a firearm during a crime of violence. On appeal, he alleges that the trial court made numerous errors. We find no merit to his claims, and therefore affirm the conviction and sentence. 4 Tobias's rights under the double jeopardy clause were not violated when he was retried following his successful mistrial motion because there is no indication that the government requested the juror's exclusion in order to goad Tobias into asking for a mistrial. See United States v. Lun, 944 F.2d 642, 644 (9th Cir.1991). 5 We…