United States v. Jose Luis Gonzales

The government appeals from a district court judgment of acquittal and the dismissal of an indictment which charged the defendants with eight counts of violating the immigration laws of the United States. We reject appellees’ contention that the government’s appeal is barred by the double jeopardy clause of the Fifth Amendment and remand the case for further proceedings.

I

Factual Background

On March 31, 1978, nine individuals were indicted for violating the immigration laws of the United States. Count One of the Indictment charged all defendants with conspiracy to transport illegal aliens…