United States v. Turner & Kelly

While working for a federal public housing project, Robert Turner (defendant), Guinn Kelly (defendant), and Kenneth Givens (defendant) submitted false time cards that showed they worked more hours than they truly did. Defendants were indicted on various charges stemming from specific dates and time, including stealing money from a federal agency in violation of 18 U.S.C. § 641, making a materially false statement to a federal agency in violation of 18 U.S.C. § 1001(a), and conspiring with another person to do either of the above in violation of 18 U.S.C. § 371. By the time of trial, a superseding indictment (S1) was returned against Defendants. On the fourth day of their initial trial, the district court declared a mistrial. Thereafter, the district court denied motions by Turner and Kelly to dismiss the indictment and they appealed. The U.S. Court of Appeals for the Eighth Circuit reversed and held that no “manifest necessity” existed for declaring a mistrial. The matter was remanded back to the district court. Four months later, the Government returned another superseding indictment (S4) against Turner and Kelly only. The factual basis for the charges in S4 was the same as the basis for the charges contained in S1. However, in S4 some pay periods were added to, or dropped from, those in S1 and some of the charges had been shifted around. A charge of aiding and abetting was included in the S4 indictment but not in S1. Turner and Kelly moved to dismiss S4 on the grounds of double jeopardy and res judicata. The district court denied the motions and Turner and Kelly appealed.