United States v. Arnaldo Kennings

OPINION OF THE COURT

BECKER, Circuit Judge.

The Government of the Virgin Islands appeals from the dismissal of a criminal information by the District Court of the Virgin Islands, sua sponte, but with the express consent of defense counsel, grounded upon the court’s belief that the government had proceeded under a jurisdic-tionally inappropriate statute. Because the dismissal occurred after the attachment of jeopardy, the threshold question before us is whether the double jeopardy clause of the Fifth Amendment to the United States Constitution precludes our consideration of the appeal. Under the…