United States v. Celestine

United States Court of Appeals
Fifth Circuit
F I L E D
February 3, 2004
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-30509
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
GEORGE CELESTINE; TELLY GALLIEN,
Defendants-Appellants.
(Consolidated with)
No. 03-30511
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
TRAVIS GALLIEN; SIDNEY GALLIEN,
Defendants-Appellants.
Appeals from the United States District Court
for the Western District of Louisiana
USDC No. 6:01-CR-60127-1
Before JONES, BENAVIDES and CLEMENT, Circuit Judges.

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*Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
2
PER CURIAM:*
In this consolidated appeal, George Celestine, Telly Gallien, Travis Gallien, and Sidney
Gallien appeal the denial o f a motion to dismiss the indictment based on double jeopardy grounds
following a mistrial. The defendants argue that the Government intentionally engaged in prejudicial
conduct, thereby forcing the defendants to move for a mistrial.
The district court granted the mistrial based on the prejudicial effect of four errors
which occurred during the trial. The district court’s finding that the Government did not intentionally
goad the defendants into moving for a mistrial was not clearly erroneous. See United States v.
Gonzalez, 76 F.3d 1339, 1342 (5th Cir. 1996); Oregon v. Kennedy, 456 U.S. 667, 676 (1982).
Accordingly, the district court’s denial of the motion to dismiss the indictment on double jeopardy
grounds is AFFIRMED.

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