Is there double jeopardy when a federal court dismisses an allegation of sexual assault?
MultiRegion, United States of America
The following excerpt is from U.S. v. Choate, 527 F.2d 748 (9th Cir. 1975):
Choate was not on trial when the district court dismissed the indictment. 'Without risk of a determination of guilt, jeopardy does not attach, and neither an appeal nor further prosecution constitutes double jeopardy.' Serfass v. United States, supra, 420 U.S. at 391--92, 95 S.Ct. at 1064. This court has jurisdiction to review the district court's dismissal of the indictment under 18 U.S.C. 3731.
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