United States v. Miller

4 F.3d 792 UNITED STATES of America, Plaintiff-Appellant, v. Jesse Clarence MILLER, aka: J.C. Miller; Robert Sebastian Tolmaire; John Leo Edner; Roger Raul Garcia; Stephen Wayne Polak; Edward Daniel Jamison, Defendants-Appellees. No. 92-50236. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 13, 1993. Decided Sept. 8, 1993. Michael W. Emmick, Asst. U.S. Atty., Los Angeles, CA, for plaintiff-appellant. Lindsay Anne Weston, Pasadena, CA, for defendants-appellees. Appeal from the United States District Court for the Central District of California. Before: HARLINGTON WOOD, Jr. * , REINHARDT, and RYMER, Circuit Judges. RYMER, Circuit Judge: 1 After a trial resulting in acquittals on several counts and a hung jury on the remaining counts, the district court dismissed all counts except those in which a majority of the jurors voted to convict. The district court did not specify the ground for its dismissal, other than to say that retrial would be unfair as to those counts in which the government did not convince at least seven jurors to vote for a conviction. The government appeals, arguing that the district court's order was without a legal basis. We agree, and…