United States v. Perez-Fierro

MEMORANDUM ** Jose Angel Perez-Fierro appeals from his jury-trial conviction for attempted reentry, in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm. Perez-Fierro contends that his conviction was obtained in violation of the prohibition against double jeopardy. We *98 disagree. The record reflects that the district court properly granted defendant’s motion for a mistrial after the jury deadlocked. Furthermore, Perez-Fierro has not shown that the prosecutor intentionally provoked him into moving for a mistrial. See Oregon v. Kennedy, 456 U.S. 667, 679 , 102 S.Ct. 2083 , 72 L.Ed.2d 416 (1982). AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.