UNITED STATES v BYRNE - Legal Case Documents


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UNITED STATES v BYRNE

Keywords & Phrases

CaseNo: USVB112269, CourtName: US DEPARTMENT OF JUSTICE, Plaintiff: UNITED STATES, State: DC Washington D.C., UniqueCaseRef: LCD>USVB112269, District Court, United States, Byrne, Motion, Judgement, Acquittals, Blount, Jeopardy Clause, Appeals, Ruling, Reconsider, Rehearing, Review, Facts, Assaults, Assistant United States, Jurisdiction, Petition, Cir, Government, Transcript, Charles Frederick Byrne, California, Suggestion, Banc, Jury, Panel, Response, Integrity, Opposition, Evidence, Amendment, Indictment, Gautreaux, Southern District, Amendments, Co-defendants, Tentative Ruling, Inherent Authority, Federally Protected Rights , ContentID: 120249266

Case Documents

APPELLANT BRIEF
[ see first page and extracted highlights below ] ItemID: 121278

32 pages
PDF

1999-11-24

BRIEF OPPOSING PETITION
[ see first page and extracted highlights below ] ItemID: 121279

19 pages
PDF

Total Documents: 2 documents , 51 pages

Price: $ 24.95

IVESLCD01 KGI0001

1 . APPELLANT BRIEF

EXTRACTED KEY WORDS

UNITED STATES
MOTION
BYRNE
JUDGEMENT
ACQUITTALS
JEOPARDY CLAUSE
REVIEW
APPEALS
FACTS
RECONSIDER
RULING
ASSAULTS
JURISDICTION
DEFENDANTS
BLOUNT
CALIFORNIA
TRANSCRIPT
GOVERNMENT
CHARLES FREDERICK BYRNE
ASSISTANT UNITED STATES
INTEGRITY
AMENDMENT
INDICTMENT
GAUTREAUX
SOUTHERN DISTRICT
CO-DEFENDANTS
TENTATIVE RULING
INHERENT AUTHORITY
FEDERALLY PROTECTED RIGHTS

                                No. 98-50405



                  IN THE UNITED STATES COURT OF APPEALS
                            FOR THE NINTH CIRCUIT


                       UNITED STATES OF AMERICA,

                                        Appellee

                                     v.

                        CHARLES FREDERICK BYRNE,

                                   Defendant-Appellant


         ON APPEAL FROM THE UNITED STATES DISTRICT COURT
            FOR THE SOUTHERN DISTRICT OF CALIFORNIA


             BRIEF FOR THE UNITED STATES AS APPELLEE





GREGORY A. VEGA                     BILL LANN LEE
  United States Attorney              Acting Assistant Attorney
                                   General
AMALIA L. MEZA
  Assistant United States      JESSICA DUNSAY SILVER
    Attorney                  LOUIS E. PERAERTZ
                                    Attorneys
                                 Department of Justice
                                 P.O. Box 66078
                                      Washington, D.C. 20035-6078
                                      (202) 514-2173







                          TABLE OF CONTENTS

SNIPPETS:

IN THE UNITED STATES COURT OF APPEALS

CHARLES FREDERICK BYRNE,

ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA

Assistant United States JESSICA DUNSAY SILVER

OF THE FACTS

The Assaults.

OF REVIEW

THE DOUBLE JEOPARDY CLAUSE DID NOT BAR THE DISTRICT COURT FROM

BYRNE'S RULE 29 MOTION

Protects The Integrity Of Final

Was Not A Final Judgment

United States v. Blount,

STATEMENT OF SUBJECT MATTER AND APPELLATE JURISDICTION

co-defendants with violations of federal criminal statutes (E.R.

Double Jeopardy Clause of the Fifth Amendment (E.R.

" refers to the trial transcript;

ruling before Byrne presented evidence on Count V.

indictment against six former Marine Corps Military Policemen,

John Wolf, Shawn Simonet, Corey Gautreaux, Brian Gadway, Mark

and IV charged the same five defendants with violating 18 U.S.C.

persons of federally protected rights,

The government also presented a tape of the conversation

United States Attorney immediately asked the "court to reconsider

Between its initial, tentative ruling on June 25,

judges from employing their inherent authority to reconsider

2 . BRIEF OPPOSING PETITION

EXTRACTED KEY WORDS

BYRNE
UNITED STATES
DISTRICT COURT
BLOUNT
REHEARING
MOTION
JUDGEMENT
APPEALS
PETITION
CIR
SUGGESTION
BANC
JURY
PANEL
RULING
RESPONSE
RECONSIDER
OPPOSITION
ASSISTANT UNITED STATES
EVIDENCE
GOVERNMENT
DEFENDANTS
TRANSCRIPT
AMENDMENTS
CHARLES FREDERICK BYRNE
TESTIMONY
JEOPARDY
PURSUANT
CERTIFICATE

                                No. 98-50405



                  IN THE UNITED STATES COURT OF APPEALS
                            FOR THE NINTH CIRCUIT


                       UNITED STATES OF AMERICA,

                                        Appellee

                                     v.

                        CHARLES FREDERICK BYRNE,

                                   Defendant-Appellant


          ON APPEAL FROM THE UNITED STATES DISTRICT COURT
             FOR THE SOUTHERN DISTRICT OF CALIFORNIA


     PURSUANT TO THIS COURT'S ORDER, DATED NOVEMBER 24, 1999,
      RESPONSE BY THE UNITED STATES IN OPPOSITION TO PETITION
       FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC





GREGORY A. VEGA                     BILL LANN LEE
  United States Attorney              Acting Assistant Attorney
                                   General
AMALIA L. MEZA
  Assistant United States      JESSICA DUNSAY SILVER
    Attorney                  LOUIS E. PERAERTZ
                                    Attorneys
                                  Department of Justice
                                 P.O. Box 66078
                                      Washington, D.C. 20035-6078
                                      (202) 514-2173

SNIPPETS:

IN THE UNITED STATES COURT OF APPEALS

CHARLES FREDERICK BYRNE,

ON APPEAL FROM THE UNITED STATES DISTRICT COURT

PURSUANT TO THIS COURT'S ORDER, DATED NOVEMBER 24, 1999, RESPONSE BY THE UNITED STATES IN

Assistant United States JESSICA DUNSAY SILVER

CERTIFICATE OF SERVICE

United States v. Byrne, 192 F.3d 888 (9th Cir.

The panel's judgment that the trial court did

the panel decision is correct.

Byrne, the defendants pled guilty.1/ United States v. Byrne, 192

day, Byrne filed his motion, under Fed.