In United States v. Allen, 755 A.2d 402 (D.C. 2000), the jury convicted the appellant on a lesser included charge, and after expressly stating its inability to agree on the greater offense, the defense requested a mistrial. The Court determined that "Allen's case [was] controlled by the hung jury principles rather than those governing an implicit acquittal." 755 A.2d at 408. Consequently, the Court held that: The Double Jeopardy Clause of the Fifth Amendment is not a bar to retrial of a defendant, under a continuing jeopardy theory, where the jury expressly states that it is unable to reach agreement on the greater offense . . . and the trial court has declared a mistrial as to the greater offense after the jury finds the defendant guilty of the lesser offense . . . .Allen, 755 A.2d at 411-12.