Kelly v. United States

ROGERS, Chief Judge:

In this expedited interlocutory appeal, appellant James W. Kelly contends that the Double Jeopardy Clause bars his retrial, after a remand based on reversible instructional errors, unless this court finds that the evidence at trial was sufficient to support his conviction of armed robbery. Appellant contends that he may not be retried because there was insufficient evidence that he knew the principal intended to commit the robbery, and that he knew or should have foreseen that a weapon would be involved. We hold that, in the absence of an express finding on evidentiary…