Young v. United States

STEADMAN, Associate Judge.

Before us is an interlocutory pretrial appeal. Appellant Rose Young was acquitted at a prior trial of first-degree child abuse. She now challenges on double jeopardy grounds the government’s right to try her on a new count of first-degree child abuse. The government asserts that the new count is based on an act of abuse (scalding the child’s foot) distinct from the act of abuse in the prior count (malnutrition). The trial court denied appellant’s motion to dismiss the new count. We affirm.

I

Appellant’s 23-month-old son Devonta died on August 20, 1996. Appellant was…