There's also a related appeal filed by the Gov't (ACCA docket no. 20210585).
Findings were announced; jeopardy had attached. Everyone go home and study Con Law.
Don: Certainly the way I see it. Not sure why this is really in dispute.
too bad there is no functioning PACER system to read it...
What part of "a finding of not guilty can't be appealed" doesn't the government understand?
I though the same initially, and I think I still do, but after the Government uploaded their briefs I think it is a little more interesting. It looks like there was a plea agreement for the TC to not put on evidence on two charges, and then plead guilty to another one. The Government followed it and the judge found the accused not guilty, then the accused backed out of the plea agreement. The Government's argument, based on a reading of Currier v. Virginia, is that the accused, by his conduct, consented to a situation where he would be able re-tried and the guilty findings withdrawn.
I think Fong Foo et. al. control and the Government should be more careful, but I don't think it's frivolous after reading the Government's briefs. Defense hasn't put theirs up as of this post.
The Government brief contains strong persuasive authority that most (if not all) of the federal circuits would rule in the Government's favor in this situation.
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