U.S. v. Wells, No. 02-2233 (8th Cir.) (347 F.3d 280) (October 17, 2003) (Judge Kermit Edward Bye)
Here the Court held that where the defendant's first trial resulted in acquittal on two counts of possession and a hung jury and mistrial on the third count, double jeopardy did not bar the government from reintroducing evidence regarding the acquittal counts at the retrial of the third count.
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