United States v. Kevin James Devereaux

999 F.2d 545 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Kevin James DEVEREAUX, Defendant-Appellant. No. 91-30163. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 5, 1992. Decided July 21, 1993. Before: Hug, Poole and Ferguson, Circuit Judges. 1 MEMORANDUM * 2 Kevin Devereaux appeals his conviction and sentence for committing a burglary on a Native American reservation, in violation of 18 U.S.C. § 1153 and Mont.Code Ann. § 45-6-204. He assigns three errors to the district court proceedings. 3 First, he challenges the jury instruction used to define reasonable doubt. Second, he contends that his sentence violated the double jeopardy clause. Finally, Devereaux argues that the district court improperly ordered restitution. We reverse Devereaux's conviction and sentence, and vacate the district court's restitution order. FACTS AND PROCEDURAL HISTORY 4 Devereaux was arrested for burglarizing…