United States v. Nelson E. "Buck" Sanford

This opinion marks the third time we have sought to dispose of this case. Trial on a seven-count indictment against Nelson Sanford and his sons, Rodney, Lon and Rick Sanford began on February 5, 1973. A mistrial resulted by reason of a hung jury. The district court then granted the San-fords’ motion to dismiss the indictment, and the Government appeals pursuant to 18 U.S.C. § 3731 from the grant of this motion. We originally held that this court lacked jurisdiction to hear the appeal because the double jeopardy clause prohibited further prosecution. 503 F.2d 291 (9th Cir. 1974). The Supreme Court remanded the case to us “for further consideration in the light of Serfass v. United States, 420 U.S. 377 , [ 95 S.Ct. 1055 , 43 L.Ed.2d 265 ] (1975).” 421 U.S. 996 , 95 S.Ct. 2392 , 44 L.Ed.2d 663 (1975) . On remand, we adhered to our prior determination. 536 F.2d 871 (9th Cir. 1976). The Supreme Court reversed, holding that the double jeopardy clause did not prohibit further prosecution, and remanded the case to us for a decision on the merits of the district court’s dismissal of the indictment. - U.S.--, 97 S.Ct. 20 , 50 L.Ed.2d 17 (1976) . We reverse and remand for further proceedings…