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Name: United States v. Camacho
Case #: 04-10078
Court: US Court of Appeals
District 9 Cir
Opinion Date: 07/24/2005
Summary

Camacho was a federal civilian employee serving the Air Force as a technician when he stole a home theater system from the Base Exchange. He was sanctioned by the squadron commander. A year later, the U.S. Attorney prosecuted Camacho for the same theft. He filed a motion to dismiss the information on double jeopardy grounds, arguing that the sanctions the commander imposed constituted punishment barring his subsequent prosecution. The appellate court here affirmed the denial of Camacho’s motion to dismiss. The discipline for which Camacho was subjected (lowered performance review ratings and suspension from shopping at the Base Exchange) is the type of discipline any private employer might have imposed on an employee. It did not rely on the government’s sovereign power and was therefore outside the scope of double jeopardy concerns.