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U.S. v. BLOUNT

No. 93-30327.

34 F.3d 865 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. John P. BLOUNT, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 6, 1994.

Attorney(s) appearing for the Case

Gerald R. Smith, Federal Defenders of Eastern Wash., Spokane, WA, for defendant-appellant.

George W. Breitsameter, Asst. U.S. Atty., Boise, ID, for plaintiff-appellee.

Before: SCHROEDER, BOOCHEVER, and BRUNETTI, Circuit Judges.

BOOCHEVER, Circuit Judge:

John Blount was convicted of offenses related to his spiking of trees in the Clearwater National Forest. He now appeals his conviction under 18 U.S.C. § 1864(a)(2) (1988), arguing that the reinstatement of two counts of tree spiking as misdemeanors one day after the trial court had granted his motion for acquittal on felony tree spiking counts violated his right not to be subject to double jeopardy. We agree, and accordingly, we reverse...

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