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U.S. v. NEAL

No. 94-6002.

93 F.3d 219 (1996)

UNITED STATES of America, Plaintiff-Appellant, v. Edwin A. NEAL, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided August 9, 1996.

Rehearing and Suggestion for Rehearing Denied October 3, 1996.

Attorney(s) appearing for the Case

Terry M. Cushing, William F. Campbell, Asst. U.S. Attys., Office of U.S. Atty., Louisville, KY, for Plaintiff-Appellant.

Edwin A. Neal, Niceville, FL, pro se.

Before: NORRIS and SUHRHEINRICH, Circuit Judges; WELLS, District Judge.

Rehearing and Suggestion for Rehearing En Banc Denied October 3, 1996.

SUHRHEINRICH, Circuit Judge.

The principal issue in this appeal is whether jeopardy attaches to a district court's dismissal of an indictment upon defendant's motion for acquittal based on both a legal and factual ground. Because the district court relied exclusively on the legal ground raised by this defendant, we hold that double jeopardy does not bar appeal by the government. We therefore...

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