United States Ninth Circuit

In an appeal under the collateral order doctrine from a judgment of the district court setting aside the conviction of defendant and ordering a new trial to cure a structural defect, Rule 33 and Rule 26.3, judgment is reversed where the court's order constitute a colorable double jeopardy violation.

Appellate Information

• Decided 09/13/2011
• Published 09/13/2011

Judges

• BERZON

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Francisco Leon, Robert Lally Miskell