United States v. Nelson E. "Buck" Sanford

OPINION

Before MERRILL, TRASK and SNEED, Circuit Judges. MERRILL, Circuit Judge:

This appeal by the Government from an order dismissing indictment is back before us on remand from the Supreme Court of the United States. When it was before us the first time, 503 F.2d 291 (9th Cir.1974), we held that the Government could not appeal dismissal of the indictment against appellees under 18 U.S.C. § 3731, 1 since further prosecution would place them twice in jeopardy. Writ of certiorari was granted by the United States Supreme Court, resulting in an order vacating our judgment and remanding the cause…