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U.S. v. GAYTAN

No. 96-10345.

115 F.3d 737 (1997)

UNITED STATES of America, Plaintiff-Appellant, v. Anibal Ramiro GAYTAN; Jesus Avmando Portillo; and Roman Hector Mungia-Meza, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 18, 1997.

Attorney(s) appearing for the Case

Georgia B. Ellexson, Assistant United States Attorney, Phoenix, AZ, for plaintiff-appellant.

Susan Bryson Fox, Ralls, Valenzuela, Fox & Jones, P.C., Robert Clayton Hernandez, and Homero Torralba, Nelson & Torralba, Tucson, AZ, for defendants-appellees.

Before: REINHARDT, HALL and THOMPSON, Circuit Judges.

REINHARDT, Circuit Judge:

Following the district court's dismissal of this case with prejudice during the course of the trial, on account of a Brady violation, we reversed and remanded. We left open the question whether the Double Jeopardy Clause barred further prosecution. The district court held that it did and dismissed the indictment once again. We must now determine whether the district court erred in dismissing the case a second time.

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