United States v. Charles Frederick Byrne
Court of Appeals for the Ninth Circuit
1Opinion of the Court
ORDER AND OPINION
WARE, District Judge:
ORDER
The Opinion filed September 17, 1999, is withdrawn. The Petition for Rehearing and Petition for Rehearing En Banc and the Response thereto will be deemed to be addressed to the substitute opinion filed herewith.
OPINION
Appellant Charles Frederick Byrne (“Appellant”) appeals from the district court’s order denying his motion under Fed.R.Crim.P. 29 to dismiss Count 5 of a multi-count indictment based on the Double Jeopardy Clause of the Fifth Amendment. The district court had first granted the motion after oral argument but then immediately took the…
2Cases cited8 opinions
- United States v. Martin Linen Supply Co.Supreme Court of the United States · 1977
- Sanabria v. United StatesSupreme Court of the United States · 1978
- Fong Foo v. United StatesSupreme Court of the United States · 1962
- United States v. Vito Lorusso and Joseph ErranteCourt of Appeals for the Second Circuit · 1982
- UNITED STATES of America, Plaintiff-Appellant, v. Thomas Lavell McCLAIN, Defendant-AppelleeCourt of Appeals for the Ninth Circuit · 1998
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