A federal judge’s hair-trigger declaration of a mistrial without polling the jury means the government is now barred by double jeopardy from retrying two white-collar defendants.

In what lawyers for the two men say is an unprecedented decision, the 2nd U.S. Circuit Court of Appeals in United States v. DeGennaro, 06-4195-cr, said Monday that Eastern District of New York Judge Leonard Wexler abused the considerable discretion given judges for declaring a deadlocked jury.

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