Schemenauer

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 04-50256 Plaintiff-Appellee, v.  D.C. No.

CR-03-02521-MLH

LOUISE IRENE SCHEMENAUER,

OPINION

Defendant-Appellant.  Appeal from the United States District Court for the Southern District of California Marilyn L. Huff, District Judge, Presiding

Argued and Submitted December 7, 2004—Pasadena, California

Filed January 12, 2005

Before: Procter Hug, Jr., Harry Pregerson, and Marsha S. Berzon, Circuit Judges.

Opinion by Judge Berzon COUNSEL

Angela M. Krueger and Victor J. Brunkow, Federal Defend- ers of San Diego, Inc., San Diego, California, for the defendant-appellant.

Carla J. Bressler, Assistant United States Attorney, Southern District of California, San Diego, California, for the plaintiff- appellee.

OPINION

BERZON, Circuit Judge:

Defendant-Appellant Louise Schemenauer takes this inter- locutory appeal from the district court’s denial of her motion to dismiss after the jury hung at the end of her first trial. She argues that the district court erred in denying the motion because she was entitled to…