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Name: United States v. Ogles
Case #: 04-10069
Court: US Court of Appeals
District 9 Cir
Opinion Date: 03/10/2006
Summary

The double jeopardy clause bars an appeal of the defendant’s acquittal at the conclusion of the government’s case despite the fact that the court’s order rested in part on a legal conclusion. The Ninth Circuit dismissed the prosecution’s appeal from a judge’s order granting an acquittal at the conclusion of the government’s case, finding that the double jeopardy clause applies when the judge’s decision rests on a weighing of the evidence and a finding of legal insufficiency.