Legal Opinion

United States v. Charles Frederick Byrne

Court of Appeals for the Ninth Circuit

Decided January 31, 2000No. 98-50405PublishedCited by 34 opinions

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The Opinion filed September 17, 1999, is withdrawn.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

  1. United States v. Martin Linen Supply Co.Supreme Court of the United States · 1977
  2. Sanabria v. United StatesSupreme Court of the United States · 1978
  3. Fong Foo v. United StatesSupreme Court of the United States · 1962
  4. United States v. Vito Lorusso and Joseph ErranteCourt of Appeals for the Second Circuit · 1982
  5. UNITED STATES of America, Plaintiff-Appellant, v. Thomas Lavell McCLAIN, Defendant-AppelleeCourt of Appeals for the Ninth Circuit · 1998

3 more not listed; retrieve them via the Exa API.

3Cited by34 opinions

  1. Price, Warden v. VincentSupreme Court of the United States · 2003
  2. United States v. Wahl, DonellCourt of Appeals for the D.C. Circuit · 2002
  3. United States v. Kendal Ray Williams, AKA Wren, AKA Paris CarpenterCourt of Appeals for the Ninth Circuit · 2002
  4. United States v. Michael L. EnasCourt of Appeals for the Ninth Circuit · 2001
  5. United States v. Bryson Jose Roberto A. MiguelCourt of Appeals for the Ninth Circuit · 2005

29 more not listed; retrieve them via the Exa API.

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