United States v. Jackson

Type

Opinion of the Court

Per curiam

Yes — no individual author

Filed

April 1, 2002

Case

United States v. Jackson

Case status

Decided

Source The opinion is per curiam: issued in the name of the court, with no individual author. This is a fact about the opinion, not missing data.

The first passage of the document, as extracted by the source provider.

SUMMARY ORDER This cause came on to be heard on the record from the United States District Court for the Western District of New York, and was argued by counsel. ON CONSIDERATION WHEREOF, it is now hereby ordered, adjudged, and decreed that the judgment of said District Court be and it hereby is affirmed. Defendant Hugh Jackson appeals from a judgment entered in the United States District Court for the Western District of New York following a jury trial before Richard J. Arcara, Judge, convicting him of bank robbery, in violation of 18 U.S.C. § 2113 (a), and sentencing him principally to 225 months’ imprisonment, to be followed by a three-year term of supervised release. On appeal, Jackson contends principally that the district court erred in (1) refusing to dismiss the indictment following the declaration of a mistrial, (2) denying his challenges of certain jurors for cause, and (3) rejecting his request for a jury instruction on willfulness. Finding no merit in his contentions, we affirm. A defendant’s right to the dismissal of an indictment on double jeopardy grounds, following a mistrial on his own motion, generally depends on whether the prosecutor intentionally provoked the m…

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