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Name: United States v. You
Case #: 03-30421
Court: US Court of Appeals
District 9 Cir
Opinion Date: 08/31/2004
Subsequent History: 1/10/05: cert. den.

You and Yim’s first trial was dismissed after a mistrial was declared, due to the fact that the interpreter was not court certified. Only Yim objected to the interpreter, and requested a mistrial. A new indictment was filed and appellants moved to dismiss it on double jeopardy grounds. The motion was denied, and in this opinion the appellate court affirmed the denial. You impliedly consented to the mistrial by failing to object to it. Where one defendant moves for a mistrial and the other defendant impliedly consents by his silence to the mistrial, he waives the right to claim a double jeopardy bar to retrial.