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U.S. v. CHAPMAN

Nos. 06-10316, 06-10610.

524 F.3d 1073 (2008)

UNITED STATES of America, Plaintiff-Appellant, v. Daniel CHAPMAN; Sean Flanagan; Herbert Jacobi, Defendants-Appellees. United States of America, Plaintiff-Appellee, v. Daniel Chapman; Sean Flanagan; Herbert Jacobi, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed May 6, 2008.

Attorney(s) appearing for the Case

Steven W. Myhre, Acting United States Attorney; Robert L. Ellman, Appellate Chief and Assistant United States Attorney, District of NV, for the government-appellant-cross-appellee.

Daniel G. Chapman, Las Vegas, Nevada (pro se); Sean P. Flanagan, Las Vegas, Nevada (pro se); James L. Sanders, McDermott Will & Emery LLP, Los Angeles, CA; and Maranda E. Fritz, Hinshaw & Culbertson LLP, New York, NY, for the defendants-appellees-cross-appellants.

Before: DIARMUID F. O'SCANNLAIN, HAWKINS, and KIM McLANE WARDLAW, Circuit Judges.

WARDLAW, Circuit Judge:

The district court dismissed an indictment against Daniel Chapman, Sean Flanagan, and Herbert Jacobi (collectively "Defendants") after the prosecution admitted that it had failed to meet its obligations to disclose over 650 pages of documents to the defense. We must decide whether the government's appeal of the dismissal is precluded by the Double Jeopardy Clause of the Fifth Amendment, see 18 U.S.C. § 3731, whether the dismissal...

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