The following excerpt is from U.S. v. Gooday, 714 F.2d 80 (9th Cir. 1983):
Appellant seeks to rely upon a line of cases in which a mistrial was declared as a result of the defendant having been goaded into moving for the mistrial by prosecutorial conduct that was intended to provoke such action. See Oregon v. Kennedy, 456 U.S. 667, 676, 102 S.Ct. 2083, 2089-2090, 72 L.Ed.2d 416, 425 (1982). That line of cases does not pertain to this situation, where the mistrial was declared sua sponte by the judge as a result of a hung jury, not as a result of prosecutorial misconduct intended to provoke a mistrial. We are not persuaded by defendant's contention that the jury's failure to acquit must have resulted from prosecutorial misconduct.
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