Does the Double Jeopardy Clause preclude a retrial for a section 2232(c) charge of sexual assault?

The appellant also contends that the evidence was insufficient to convict him, even under an appropriate instruction. We must reach this issue even though we reverse the conviction. "Because an appellate reversal of a conviction on the basis of insufficiency has the same effect as a judgment of acquittal, the Double Jeopardy Clause would preclude retrial." United States v. McKoy, 771 F.2d 1207, 1215 (9th Cir.1985). Under a correct instruction, there was sufficient evidence from which a jury could have rendered a verdict of guilty on the section 2232(c) charge.