Does the Double Jeopardy Clause bar a reversal of a jury verdict in a sexual assault case?

The Double Jeopardy Clause does not bar retrial when, as in this case, reversal was based on trial error (incorrect jury instructions and improper receipt of evidence) provided, however, that the evidence submitted at the trial was sufficient to sustain the conviction. United States v. Hodges, 770 F.2d 1475, 1477 (9th Cir.1985); United States v. Bibbero, 749 F.2d 581, 586 (9th Cir.1984). The court must "examine all of the evidence presented in the light most favorable to the prosecution to determine whether any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt." Hodges, 770 F.2d at 1478 (citations omitted). Because the Kurka panel did not determine whether the evidence was sufficient to uphold the verdict, this court must do so.