Court of Appeals for the Tenth Circuit July 8, 1998, 97-3061 (United States v. Michael D. Shinault)

McKAY, Circuit Judge,

dissenting:

I concur with everything that the court has said with one reservation. I cannot accept the court’s disregard for clear and unmodified Supreme Court precedent that once a jury is empaneled and sworn, double jeopardy attaches and the defendant has a “ ‘valued right to have his trial completed by a particular tribunal.’ ” See Arizona v. Washington, 434 U.S.