United States Ninth Circuit

Reversal of a conviction on a greater offense, coupled with a final conviction on a lesser included offense, does not preclude retrial of the greater offense when the offenses were charged in the same indictment and tried together in the same original trial.

Appellate Information

• Argued 05/11/2005
• Decided 10/19/2005
• Published 10/19/2005

Judges

• D.W. NELSON, Circuit Judge., Before D.W. NELSON, CALLAHAN, and BEA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Peter C. Wolff, Jr. (argued), Assistant Federal Public Defender, Honolulu, HI, for defendant-appellant Roberto A. Miguel, and Barry D. Edwards (on the briefs), Honolulu, HI, for defendant-appellant Bryson Jose., Edward H. Kubo, Jr., United States Attorney, and Ronald G. Johnson (argued), Assistant United States Attorney, Honolulu, HI, for the plaintiff-appellee.