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U.S. v. BERNHARDT

No. 86-1177.

831 F.2d 181 (1987)

UNITED STATES of America, Plaintiff/Appellant, v. Curtis J. BERNHARDT and Carl J. Bernhardt, Defendants/Appellees.

United States Court of Appeals, Ninth Circuit.

Decided October 27, 1987.

Attorney(s) appearing for the Case

Robert J. Hackman, Honolulu, Hawaii, and Patty Merkamp Stemler, Washington, D.C., for plaintiff/appellant.

Richard B. Mazer and David A. Nickerson, San Francisco, Cal., for defendant/appellee Carl J. Bernhardt.

Doron Weinberg, San Francisco, Cal., for defendant/appellee Curtis J. Bernhardt.

Before SKOPIL, FARRIS and O'SCANNLAIN, Circuit Judges.

SKOPIL, Circuit Judge:

The government appeals the dismissal of an indictment against Curtis Bernhardt and Carl Bernhardt (the Bernhardts). The district court held that jeopardy had attached in a prior state criminal proceeding and that because the purpose of the federal indictment was to carry out a failed state prosecution, a narrow exception to the doctrine of dual sovereignty applied to bar the federal prosecution. We reverse the district court and remand for further...

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