United States v. Martin J. Cote Patricia S. Caldwell

OVERVIEW

The United States appeals the district court’s order denying its motion to set for retrial the cases of Patricia Caldwell and Martin Cote (collectively, the “defendants”), whose criminal convictions were reversed by decisions of this court. The district court concluded it lacked the authority to retry the defendants because the respective decisions and mandates directing the reversal of the defendants’ convictions omitted an explicit order remanding the cases. We reverse and remand.

BACKGROUND

The defendants were charged with conspiracy to defraud the United States by obstructing the lawful functions of the Internal Revenue Service. They were eventually convicted after separate jury trials. The defendants appealed their convictions, and a panel of this court reversed after concluding that the district court erred by failing to instruct the jurors on an essential element of the crime charged. United States v. Caldwell, 989 F.2d 1056, 1060-61 (9th Cir.1993); United States v. Cote, 990 F.2d 1261 (9th Cir.1993) (reversing Cote’s conviction for the reasons stated in the Caldwell opinion). The court ordered the defendants’ convictions reversed, but did not order the cases…