United States v. Richard A. Hernandez

OPINION

Appeal from the United States District Court for the Central District of California.

Before CHAMBERS and HUFSTED-LER, Circuit Judges, and KING, * District Judge.

HUFSTEDLER, Circuit Judge:

The issue on this appeal is whether double jeopardy foreclosed the Government from prosecuting Hernandez for perjury (18 U.S.C. § 1623) based upon his alleged false testimony in his prior trial charging him with violating 18 U.S.C. § 1001, in which he was acquitted. Applying Ashe v. Swenson (1970) 397 U.S. 436, 90 S.Ct. 1189, 25 L.Ed.2d 469, we hold that Hernandez’ prosecution for perjury was barred by…