Can a magistrate judge declare a mistrial in a trial where there is no unanimity?

MultiRegion, United States of America

The following excerpt is from USA v. Gomez Lepe, 207 F.3d 623 (9th Cir. 1999):

6. Rule 31(d) provides that if a poll reveals a lack of unanimity, then the court may either direct the jury to deliberate further or declare a mistrial and discharge the jury. See Government of the Virgin Islands v. Paniagua, 922 F.2d 178, 183 (3d Cir. 1990) (suggesting without expressly holding that magistrate judge could not declare mistrial).

6. Rule 31(d) provides that if a poll reveals a lack of unanimity, then the court may either direct the jury to deliberate further or declare a mistrial and discharge the jury. See Government of the Virgin Islands v. Paniagua, 922 F.2d 178, 183 (3d Cir. 1990) (suggesting without expressly holding that magistrate judge could not declare mistrial).

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