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U.S. v. OGLES

Nos. 03-10439, 04-10069.

440 F.3d 1095 (2006)

UNITED STATES of America, Plaintiff-Appellant, v. John Gilbert OGLES, Defendant-Appellee. United States of America, Plaintiff-Appellee, v. John Gilbert Ogles, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Panel Opinion Filed April 28, 2005.

Rehearing Granted November 16, 2005.

Argued and Submitted December 14, 2005.

Filed March 10, 2006.

Attorney(s) appearing for the Case

Michael A. Rotker, Department of Justice, Washington, D.C., for the plaintiff-appellant/appellee.

Richard E. Gardiner, Fairfax, Virginia, for the defendant-appellee/appellant.

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

Rehearing En Banc Granted November 16, 2005.

Argued and Submitted En Banc December 14, 2005.

McKEOWN, Circuit Judge:

We consider whether the district court's judgment of acquittal under Federal Rule of Criminal Procedure 29(a) was related to factual guilt or innocence and thus constitutes a "genuine acquittal," the government's appeal of which is barred by the Double Jeopardy Clause. John Gilbert Ogles was charged under 18 U.S.C. §§ 922(b...

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