United States v. Harold Lee Benson

9 F.3d 1554 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Harold Lee BENSON, Defendant-Appellant. No. 93-101118. United States Court of Appeals, Ninth Circuit. Submitted Nov. 4, 1993. * Decided Nov. 10, 1993. Before: ALARCON, LEAVY and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** OVERVIEW 2 Harold Lee Benson appeals from the order denying his motion to dismiss on grounds of double jeopardy. Benson was indicted for being a felon in possession of a firearm in violation of 18 U.S.C. § 922 (g)(1). Retrial on this indictment has been delayed pending the outcome of this interlocutory appeal. The district court granted Benson's motion for a mistrial after a government witness gave testimony that exceeded the scope of the government's proffer. The court found that the evidence was unfairly prejudicial to Benson. 3 On appeal, Benson contends that the district court erred in placing on him the burden of proving by a preponderance…