Parker

James H. Locklin, Assistant Federal Public Defender, Los Angeles, CA, for the defendant-appellant.

Michael J. Raphael, Assistant U.S. Attorney, and Mark Remy Yohalem, Assistant U.S. Attorney, Los Angeles, CA, for the plaintiff-appellee.

Before: BETTY B. FLETCHER, KIM McLANE WARDLAW and BRETT M. KAVANAUGH, [*] Circuit Judges.

PER CURIAM:

Hobert Parker, Jr., appeals his misdemeanor convictions, after retrial, of three counts of violating 18 U.S.C. § 1382 . He argues that his retrial violated the proscription against double jeopardy, that there was insufficient evidence to convict, and that his convictions violate his First Amendment rights. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We reverse.

We address the insufficiency of the evidence argument first. See Polar Shipping Ltd. v. Oriental Shipping Corp., 680 F.2d 627, 630 (9th Cir.1982) (courts should not pass upon a constitutional question if there is a nonconstitutional ground upon which the case may be decided). We review de novo the sufficiency of the evidence to support the conviction. United States v. Stanton, 501 F.3d 1093, 1099 (9th Cir.2007). There is sufficient evidence to support a conviction if, "viewing…