United States Ninth Circuit

Defendant's bench-trial convictions for aiding and abetting the making of a false statement in connection with the acquisition of a firearm, aiding and abetting the making of a false statement concerning information that must be kept by a firearms dealer, and being a felon in possession of a firearm, are reversed and remanded, where: 1) the district court failed to take the necessary precautions to ensure that the defendant’s jury-trial waiver was made knowingly and intelligently; but 2) there is sufficient evidence to support the aiding and abetting convictions, the Double Jeopardy Clause is not implicated, and therefore the government may retry the defendant on all counts.

Appellate Information

• Decided 12/20/2013
• Published 12/20/2013

Judges

• REINHARDT

Court

• United States Ninth Circuit

Counsel