United States Fourth Circuit

In a case involving drug trafficking, the government's appeal of trial court's "Judgment of Acquittal" is vacated and reversed as the district court did not base its acquittal on the insufficiency of the evidence to establish factual guilt, thus its "judgment" is not in fact a judgment of acquittal that would bar a new trial under the Double Jeopardy.

Appellate Information

• Decided 12/04/2003
• Published 12/04/2003

Judges

• Before NIEMEYER, MICHAEL, and MOTZ, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• Argued:  John Stuart Bruce, Office of the United States Attorney, Raleigh, NC, for Appellant.  Rosemary Godwin, Raleigh, NC, for Appellee Gonzalez;  Johnny S. Gaskins, Raleigh, NC, for Appellee Alvarez.   On Brief:  Frank D. Whitney, United States Attorney, Anne M. Hayes, Assistant United States Attorney, Raleigh, NC, for Appellant.