UNITED STATES v. ROJAS

No. 76-3008.

554 F.2d 938 (1977)

UNITED STATES of America, Plaintiff-Appellant, v. Juan Gerardo ROJAS, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

May 26, 1977.


Attorney(s) appearing for the Case

William D. Keller, U. S. Atty., Kathryne Ann Stoltz, Asst. U. S. Atty., argued, Los Angeles, Cal., for plaintiff-appellant.

Susan A. Guberman, Nasatir, Sherman & Hirsch, argued, Los Angeles, Cal., for defendant-appellee.

Before CHAMBERS and GOODWIN, Circuit Judges, and TURRENTINE, District Judge.


CHAMBERS, Circuit Judge:

This case presents two primary issues—whether a government appeal in a criminal case from a district court's granting of a defendant's motion for judgment of acquittal under Fed.R.Crim.P. 29(c), which overturns the jury's verdict of guilty, is barred by the Double Jeopardy Clause; and, if not, whether the district court's favorable ruling on such motion was proper. We answer both questions in the negative in this case and therefore...

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