429 U.S. 14 (1976), 75-1867, United States v. Sanford

Docket Nº:No. 75-1867
Citation:429 U.S. 14, 97 S.Ct. 20, 50 L.Ed.2d 17
Party Name:United States v. Sanford
Case Date:October 12, 1976
Court:United States Supreme Court
 
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429 U.S. 14 (1976)

97 S.Ct. 20, 50 L.Ed.2d 17

United States

v.

Sanford

No. 75-1867

United States Supreme Court

Oct. 12, 1976

ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES

COURT OF APPEALS FOR THE NINTH CIRCUIT

Syllabus

Where the District Court, because of a hung jury, declared a mistrial on the indictment against respondents, the Double Jeopardy Clause of the Fifth Amendment does not bar a retrial, and hence the Government is entitled under the Criminal Appeals Act to appeal from the District Court's subsequent dismissal of the indictment on respondents' motion, since the dismissal was prior to a trial that the Government had a right to prosecute and the respondents were required to defend. Serfass v. United States, 420 U.S. 377.

Certiorari granted; 536 F.2d 871, reversed and remanded.

Per curiam opinion.

PER CURIAM.

Respondents were indicted for illegal game hunting in Yellowstone National Park. A jury trial in the United States District Court for the District of Montana resulted in a hung jury, and the District Court declared a mistrial. Four months later, while the Government was preparing to retry them, respondents moved to dismiss the indictment. The District Court, agreeing that the Government had consented to the activities which formed the basis of the indictment, dismissed it. The Government's appeal pursuant to the Criminal Appeals [97 S.Ct. 21] Act, 18 U.S.C. § 3731,1 was dismissed by the Court of Appeals because that court thought retrial was barred by the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution. The Government petitioned for certiorari, and we vacated the judgment of the Court of

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Appeals and remanded for further consideration in the light of our intervening decision in Serfass v. United States, 420 U.S. 377 (1975). 421 U.S. 996 (1975).

On remand, the Court of Appeals, considering the trilogy of Serfass, supra, United States v. Wilson, 420 U.S. 332 (1975), and United States v. Jenkins, 420 U.S. 358 (1975), adhered to its prior determination. The Government now seeks certiorari from that ruling.

The reasoning of the Court of Appeals is best summarized by this language from its opinion:

Here appellees have undergone trial. There is no question but that jeopardy has attached. That being so, and since the proceedings in the district court have ended in...

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