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U.S. v. CARBULLIDO

No. 01-10578.

307 F.3d 957 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. James CARBULLIDO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 1, 2002.

Attorney(s) appearing for the Case

Daniel G. Bogden, United States Attorney, Kurt P. Schulke, Chief, Criminal Division & Organized Crime Strike Force, Kathleen Bliss, Assistant United States Attorney, Las Vegas, NV, for the plaintiff-appellee.

Franny A. Forsman, Federal Public Defender, John C. Lambrose, Assistant Federal Public Defender, Michael K. Powell, Assistant Federal Public Defender, Cynthia S. Hahn, Research & Writing Attorney, Las Vegas, NV, for the defendant-appellant.

Before: KOZINSKI and McKEOWN, Circuit Judges, and FITZGERALD, District Judge.

McKEOWN, Circuit Judge.

We consider here the application of issue preclusion in the double jeopardy context based on a judge's findings as opposed to a jury verdict. According to a stipulation before the district court, James Carbullido was involved in a series of arsons over an approximately one-year period. After indictment for one of the arsons, he was found not guilty by reason of insanity in a bench trial. Through an unusual and unexpected combination of circumstances...

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