United States v. Jan Szado

After a non-jury trial before a United States magistrate, Szado was convicted of operating a Canadian vessel unlawfully engaged in fishing within the exclusive economic zone of the United States, in violation of 16 U.S.C. § 1857 (2)(B), and of interfering with the United States Coast Guard, in violation of 16 U.S.C. § 1857 (1)(D) and (E). Szado subsequently appealed to the district court, contending that (1) he was denied his constitutional right to trial by jury; (2) the government failed to present sufficient evidence of a violation of 16 U.S.C. § 1857 (1)(D) and (E); and (3) the magistrate abused his discretion in sentencing him to a term of imprisonment. The district court entered an order reversing Szado’s conviction, concluding that Szado had been denied his right to a jury trial. The district court declined to address Sza-do’s other two contentions of error. Szado then filed a motion for reconsideration, requesting the district court to rule on the sufficiency of the evidence issue. He contended that the district court’s failure to decide whether the evidence at the first trial was sufficient compromised his double jeopardy rights under the fifth amendment. He argued that…