United States v. Edwin A. Neal

SUHRHEINRICH, Circuit Judge.

The principal issue in this appeal is whether jeopardy attaches to a district court’s dismissal of an indictment upon defendant’s motion for acquittal based on both a legal and factual ground. Because the district court relied exclusively on the legal ground raised by this defendant, we hold that double jeopardy does not bar appeal by the government. We therefore have jurisdiction over the government’s appeal of the district court’s dismissal of the indictment, which we REVERSE for reasons to be discussed.

I

Defendant founded United Security (“United”), with two…