United States v. Bruce A. Baptiste

Bruce A. Baptiste appeals the district court’s order reversing the magistrate’s dismissal of the .government’s information and remanding his case for retrial. We have jurisdiction under 28 U.S.C. § 1291 . We reverse because further prosecution is barred by the Double Jeopardy Clause of the Fifth Amendment.

FACTS AND PROCEEDINGS

An officer of the Kaneohe Marine Corps police (MPs) stopped Baptiste on the Marine Corps Air Station for an identification check. When the MP noticed that Baptiste had a strong odor of alcohol on his breath and that his speech was distorted, he asked Baptiste to step out of the car. Baptiste refused and sped away from the gate. The MPs later apprehended Baptiste at his home and brought him back to the air station. The MPs administered a blood test, which showed a blood alcohol content of .26 percent. The government charged Baptiste with driving under the influence of alcohol (D.U.I.) and driving with a blood alcohol content over .10 percent, in violation of Haw.Rev.Stat. § 291-4(a)(l) and (2), federal offenses under the Assimilative Crimes Act, 18 U.S.C. § 13 . Baptiste waived a jury trial and the parties stipulated to trial before a magistrate. After the…