United States v. Poole, No. 12-20486 (5th Cir. 2013)Annotate this Case
Defendant was convicted of being a felon in possession of a firearm, but the district court subsequently vacated the jury verdict and granted a new trial, while denying defendant's motion to dismiss the indictment on double-jeopardy grounds. In consolidated appeals, the government challenged the grant of a new trial and defendant challenged the denial of his motion to dismiss the indictment. The court concluded that there was no error in the direct examination of a deputy marshall. Even if there was error, there was no prejudice. Accordingly, the court concluded that there was no basis in which to set aside a jury verdict. Because the district court erred in ordering a new trial, the court reversed that order and remanded with instructions to reinstate the jury verdict and to proceed with sentencing. The court dismissed defendant's appeal as moot.