United States v. James Carbullido

McKEOWN, Circuit Judge.

We consider here the application of issue preclusion in the double jeopardy context based on a judge’s findings as opposed to a jury verdict. According to a stipulation before the district court, James Car-bullido was involved in a series of arsons over an approximately one-year period. After indictment for one of the arsons, he was found not guilty by reason of insanity in a bench trial. Through an unusual and unexpected combination of circumstances, it turned out that he was never committed, but was unconditionally released. As a consequence, the government sought a…