Hoyle

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

RICHARD W. HOYLE, 

Petitioner-Appellant, No. 06-35509 v. ADA COUNTY, IDAHO, DISTRICT  D.C. No.

CV-05-00063-EJL

COURT; LAWRENCE WASDEN,

OPINION

Attorney General, State of Idaho, Respondents-Appellees.  Appeal from the United States District Court for the District of Idaho Edward J. Lodge, District Judge, Presiding

Argued and Submitted March 6, 2007—Portland, Oregon

Filed August 2, 2007

Before: Ronald M. Gould, Richard A. Paez, and Johnnie B. Rawlinson, Circuit Judges.

Opinion by Judge Gould

9209 9212 HOYLE v. ADA COUNTY

COUNSEL

Andrew Parnes, Ketchum, Idaho, for petitioner-appellant Richard W. Hoyle.

Jessica M. Lorello, Deputy Attorney General, Boise, Idaho, for respondents-appellees Ada County and the State of Idaho.

OPINION

GOULD, Circuit Judge:

Petitioner-Appellant Richard W. Hoyle was indicted in Idaho on state racketeering charges. By the time the case was submitted to the jury, two counts remained in addition to thirty alleged predicate acts for a third count involving a racketeering charge (“Count B”). After the jury told the trial…