Gorman

MEMORANDUM *

James Leroy Gorman appeals his 2001 conviction by jury trial of use of interstate commerce facilities in the commission of murder-for-hire in violation of 18 U.S.C. § 1958 for attempting to hire someone to MU his teenage daughter. Gorman challenges his conviction on double jeopardy grounds and his sentence as a violation of due process and the Sixth Amendment right to trial. With respect to both the conviction and sentence, we affirm.

Because the parties are familiar with the facts, we recite them only as necessary.

Double jeopardy claims are reviewed de novo. See United States v. Patterson, 292 F.3d 615, 622 (9th Cir.2002). The constitutionality of the Sentencing Guidelines is a question of law reviewed de novo. See United States v. Mezas de Jesus, 217 F.3d 638, 642 (9th Cir.2000).

Gorman asserts that the trial in which he was convicted was barred by the Double Jeopardy Clause of the Fifth Amendment because he had already been tried once before in a proceeding that ended in a mistrial. The mistrial was granted at the request of the defendant, however. ‘Where a mistrial has been declared at the request of the defendant, the Double Jeopardy Clause is no bar to…