United States v. Ronald Eric Ramos

On February 4, 1976, appellee was indicted for allegedly violating 18 U.S.C. § 659 , theft from a foreign shipment (count one) and possession of goods known to have been stolen from a foreign shipment (count two). Appellee pleaded not guilty, and a jury trial was held between April 19, and April 23, 1976. Appellee was found guilty on both counts of the indictment. However, on April 29, 1976, after hearing oral argument on appellee’s motion for a judgment of acquittal (Rule 29, Fed.R.Crim.P.), the trial court granted the motion and dismissed the indictment. This appeal by the government followed.

At the outset we note that this appeal does not violate the double jeopardy clause of the Constitution. Under 18 U.S.C. § 3731 and United States v. Wilson, 420 U.S. 332 , 95 S.Ct. 1013 , 43 L.Ed.2d 232 (1975), when the jury returns a verdict of guilty, but the trial court thereafter enters a judgment of acquittal, an appeal is permitted. The Supreme Court specifically observed in Wilson that the paramount danger which the double jeopardy clause protects against is that of multiple trials. Id. at 344 , 95 S.Ct. 1013 . This danger is not present in the instant case. A reversal of the trial…