U.S. v. MILLER

No. 92-50236.

4 F.3d 792 (1993)

UNITED STATES of America, Plaintiff-Appellant, v. Jesse Clarence MILLER, aka: J.C. Miller; Robert Sebastian Tolmaire; John Leo Edner; Roger Raul Garcia; Stephen Wayne Polak; Edward Daniel Jamison, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 8, 1993.


Attorney(s) appearing for the Case

Michael W. Emmick, Asst. U.S. Atty., Los Angeles, CA, for plaintiff-appellant.

Lindsay Anne Weston, Pasadena, CA, for defendants-appellees.

Before: HARLINGTON WOOD, Jr., REINHARDT, and RYMER, Circuit Judges.


RYMER, Circuit Judge:

After a trial resulting in acquittals on several counts and a hung jury on the remaining counts, the district court dismissed all counts except those in which a majority of the jurors voted to convict. The district court did not specify the ground for its dismissal, other than to say that retrial would be unfair as to those counts in which the government did not convince at least seven jurors to vote for a conviction. The government appeals,...

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