United States v. Celestine , 86 F. App'x 717 ( 2004 )


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  •                                                                     United States Court of Appeals
    Fifth Circuit
    F I L E D
    February 3, 2004
    IN THE UNITED STATES COURT OF APPEALS
    Charles R. Fulbruge III
    Clerk
    FOR THE FIFTH CIRCUIT
    No. 03-30509
    Summary Calendar
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee,
    versus
    GEORGE CELESTINE; TELLY GALLIEN,
    Defendants-Appellants.
    (Consolidated with)
    No. 03-30511
    Summary Calendar
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee,
    versus
    TRAVIS GALLIEN; SIDNEY GALLIEN,
    Defendants-Appellants.
    Appeals from the United States District Court
    for the Western District of Louisiana
    USDC No. 6:01-CR-60127-1
    Before JONES, BENAVIDES and CLEMENT, Circuit Judges.
    PER CURIAM:*
    In this consolidated appeal, George Celestine, Telly Gallien, Travis Gallien, and Sidney
    Gallien appeal the denial o f a motion to dismiss the indictment based on double jeopardy grounds
    following a mistrial. The defendants argue that the Government intentionally engaged in prejudicial
    conduct, thereby forcing the defendants to move for a mistrial.
    The district court granted the mistrial based on the prejudicial effect of four errors
    which occurred during the trial. The district court’s finding that the Government did not intentionally
    goad the defendants into moving for a mistrial was not clearly erroneous. See United States v.
    Gonzalez, 
    76 F.3d 1339
    , 1342 (5th Cir. 1996); Oregon v. Kennedy, 
    456 U.S. 667
    , 676 (1982).
    Accordingly, the district court’s denial of the motion to dismiss the indictment on double jeopardy
    grounds is AFFIRMED.
    *
    Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be
    published and is not precedent except under the limited circumstances set forth in 5TH CIR.
    R. 47.5.4.
    2
    

Document Info

Docket Number: 03-30509, 03-30511

Citation Numbers: 86 F. App'x 717

Judges: Benavides, Clement, Jones, Per Curiam

Filed Date: 2/3/2004

Precedential Status: Non-Precedential

Modified Date: 8/1/2023