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UNITED STATES v. STAPLETON

No. 73-2304.

494 F.2d 1269 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Charles D. STAPLETON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied July 11, 1974.

Attorney(s) appearing for the Case

Ralph C. Larsen, Gardena, Cal., for defendant-appellant.

William D. Keller, U. S. Atty., Eric A. Nobles, Jerry L. Newton, Asst. U. S. Attys., for plaintiff-appellee.

Before DUNIWAY, CARTER and WRIGHT, Circuit Judges.

OPINION

DUNIWAY, Circuit Judge:

This case presents an unusual question under the double jeopardy clause of the Fifth Amendment. In 1969, Stapleton was convicted under six counts of an indictment charging violations of 18 U. S.C. §§ 371, 472 and 473. He appealed, and we remanded the case. Our order read as follows:

The government concedes because of government error that the defendant is entitled to a new trial. The cause is remanded...

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