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.