U.S. v. McKOY

Nos. 95-10181, 95-10186.

78 F.3d 446 (1996)

UNITED STATES of America, Plaintiff-Appellant, v. Roy McKOY; Lou Etta McKoy, Defendants-Appellees. UNITED STATES of America, Plaintiff-Appellee, v. Roy Frank McKOY; Lou Etta McKoy, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided March 4, 1996.


Attorney(s) appearing for the Case

Bruce I. Hochman and Steven Toscher, Hochman, Salkin & Deroy, Beverly Hills, California, and C. Stanley Hunterton, Hunterton & Naylor, Las Vegas, Nevada, for defendants-appellees-cross-appellants.

Michael E. Barr, Assistant United States Attorney, Las Vegas, Nevada, and Elizabeth D. Collery, United States Department of Justice, Washington, DC, for plaintiff-appellant-cross-appellee.

Before: HUG and FERNANDEZ, Circuit Judges, and KELLEHER, District Judge.


FERNANDEZ, Circuit Judge:

Roy Frank McKoy and Lou Etta McKoy were indicted for willfully subscribing false income tax returns. 26 U.S.C. § 7206(1). Trial commenced, but a mistrial was declared because of Jencks Act1 violations by the government. 18 U.S.C. § 3500. A new trial was set. The McKoys then asserted that retrial was barred by their right to be free from double jeopardy. The district court denied their motion, but suppressed...

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