United States v. Oliver Stefan Petrykievicz, United States of America v. Oliver Stefan Petrykievicz

36 F.3d 1104 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Oliver Stefan PETRYKIEVICZ, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellant, v. Oliver Stefan PETRYKIEVICZ, Defendant-Appellee. Nos. 93-30272, 93-30311. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 15, 1994. Decided Oct. 4, 1994. 1 Before: BROWNING and CANBY, Circuit Judges, and HUFF, * District Judge. 2 MEMORANDUM ** 3 The Double Jeopardy Clause is potentially applicable to this case only if the district court's ruling on the first indictment was the functional equivalent of an acquittal. See United States v. Affinito, 873 F.2d 1261, 1264 (9th Cir.1989) (that a government appeal in a criminal case would not violate the Double Jeopardy Clause if "the trial court's ruling was unrelated to factual guilt or innocence"). To decide whether Petrykievicz was acquitted of the charges in the first indictment, "we must…