Double jeopardy does not bar the Government's appeal from the
District Court's dismissal of an indictment occurring after that
court's general finding of guilt in a bench trial.
Certiorari granted; vacated and remanded.
PER CURIAM.
The operative facts herein are substantially identical to those
in
United States v. Morrison, ante p
429 U. S. 1, and
United States v. Rose, ante p.
429 U. S. 5.
Respondent's car was stopped by Boarder Patrol agents; a search
disclosed marihuana. Respondent lost a motion to suppress and was
found guilty after a bench trial. Following this trial, but before
sentencing, the District Court, relying upon our decision in
Almeida-Sanchez v. United States, 413 U.
S. 266 (1973), dismissed the indictment. The Court of
Appeals for the Tenth Circuit, as it did in
Morrison and
Rose, found the Government's appeal barred by double
jeopardy.
In
United States v. Wilson, 420 U.
S. 332 (1975), we held that double jeopardy would not
bar a Government appeal if success on that appeal would result in
the reinstatement of a verdict of guilty. The fact that the
dismissal of the indictment here occurred after a general finding
of guilt rendered by the court in a bench trial, rather than after
a return of a verdict of guilty by a jury, is immaterial.
Morrison, supra. Double jeopardy therefore does not bar an
appeal by the Government.
We grant the petition for certiorari, vacate the judgment of the
Court of Appeals, and remand to that court for proceedings
consistent herewith.
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