The following excerpt is from USA. v. Byrne, 203 F.3d 671 (9th Cir. 2000):
On appeal, the Blount court held that an "acquittal is `a resolution, correct or not, of some or all of the factual elements of the offense charged.' " Id. at 868 (quoting Sambria v. United States, 437 U.S. 54, 71 (1978)). Examining the facts and circumstances surrounding the district court's ruling, the Blount court found that it was clearly a "determinative" ruling. Id. The district court had discussed its concerns with the parties, had made a ruling of acquittal,
Page 674
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.