Federal prosecutors in Western Pennsylvania tried and failed two times to get a conviction for a felon's possession of a gun, and now a federal judge is denying their request for a third bite at the apple.

U.S. District Judge Cathy Bissoon of the Western District of Pennsylvania's decision to toss the charge against Raymont Wright came after the court twice declared a mistrial in the case. Bissoon considered the case a matter of first impression.

“Although a retrial in this case may not violate Mr. Wright's constitutional rights under the double jeopardy clause, there certainly is a question as to whether retrying him a third time violates the precepts of 'fundamental fairness,'” Bissoon wrote in her opinion.