Shawn Glover v. Doug Gillespie

MEMORANDUM

Petitioner-Appellant Shawn Lynn Glover Jr. appeals the district court’s denial of his 28 U.S.C. § 2241 habeas corpus petition. The government moves to dismiss this appeal on the ground that since the district court’s denial of the writ, Glover has pleaded guilty to the charged offense. Because the facts and procedural history are familiar to the parties, we do not recite them here, except as necessary to explain our disposition.

We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review the district court’s denial of a petition for a writ of habeas corpus de novo. DeWeaver v. Runnels, 556 F.3d 995, 997 (9th Cir.2009). We review the trial court’s determination that there was manifest necessity to declare a mistrial for abuse of discretion. United States v. Chapman, 524 F.3d 1073, 1082 (9th Cir.2008). We deny the government’s motion to dismiss, and affirm the district court’s denial of Glover’s petition.

1. Glover’s subsequent guilty plea did not result in a waiver of his double jeopardy claim. Menna v. New York, 423 U.S. 61, 62 , 96 S.Ct. 241 , 46 L.Ed.2d 195 (1975) (per curiam). Because Glover properly filed this petition under 28 U.S.C. § 2241 in the first…