(Download) "Summerlin v. Schriro" by United States Court of Appeals for the Ninth Circuit " eBook PDF Kindle ePub Free

eBook details

Title: Summerlin v. Schriro
Author : United States Court of Appeals for the Ninth Circuit
Release Date : January 17, 2005
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 80 KB

Description

Appellants Bryson Jose and Roberto A. Miguel appeal the district courts denial of their joint motion to dismiss their indictments on double jeopardy grounds. As is relevant here, appellants were convicted of felony murder and three predicate felonies. The counts were charged under one indictment and prosecuted together in one trial. On direct appeal, this court reversed appellants felony murder convictions, reversed Miguels conviction for use of a firearm during a crime of violence, affirmed all other convictions and remanded to the district court for further proceedings. On remand, Miguel moved for dismissal of the indictment on double jeopardy grounds, claiming that his final convictions on the lesser included predicate felonies barred retrial of the greater felony murder charge. Jose joined in the motion. We affirm the district courts denial of appellants motion to dismiss the indictments.