The following excerpt is from U.S. v. Flick, 716 F.2d 735 (9th Cir. 1983):
The obligation to raise a double jeopardy claim before the end of trial always rests with the defendant. United States v. Hill, 473 F.2d 759, 763 (9th Cir.1972); Haddad v. United States, 349 F.2d 511, 513-14 (9th Cir.), cert. denied, 382 U.S. 896, 86 S.Ct. 193, 15 L.Ed.2d 153 (1965). When the claim is raised prior to the commencement of the second trial, the allocation of the burden of proving the identity of, or the distinction between, the conspiracies charged is critical. The government, of course, controls the degree of precision with which the conspiracy charged in the second
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