United States Ninth Circuit

The double jeopardy clause does not bar the government's appeal of defendant's judgment of acquittal where the district court's judgment of acquittal involved a legal determination only, and, thus, was unrelated to defendant's factual guilt or innocence.

Appellate Information

• Argued Array
• Decided 04/28/2005
• Published 04/28/2005

Judges

• McKEOWN, Circuit Judge:, Before: SCHROEDER, Chief Judge, PREGERSON, REINHARDT, KLEINFELD, HAWKINS, GRABER, McKEOWN, W. FLETCHER, FISHER, GOULD, BERZON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Michael A. Rotker, Department of Justice, Washington, D.C., for the plaintiff-appellant/appellee., Richard E. Gardiner, Fairfax, Virginia, for the defendant-appellee/appellant.