United States v. Flores-Perez, No. 10-50246 (9th Cir. 2011)
Annotate this CaseDefendant was arrested on September 13, 2009, by Customs and Border Protection agents and was charged in a one-count indictment with attempting to transport an illegal alien. Defendant pleaded not guilty and his trial subsequently resulted in a hung jury. On March 24, 2010, defendant was arraigned on a four-count superseding indictment for charges related to transporting illegal aliens. On appeal, defendant sought interlocutory appellate review of the district court's denial of his motion to dismiss the superseding indictment on double jeopardy grounds. The court held that it lacked jurisdiction to review the district court's denial of the motion for acquittal and that the issuance of a superseding indictment following a mistrial did not create a colorable double jeopardy claim because the issuance of the superseding indictment did not nullify the original indictment and because it did not terminate the original jeopardy. Accordingly, the court dismissed the appeal for want of jurisdiction.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.