Wiggan

MEMORANDUM *

Joann Wiggan appeals from the district court’s denial of her motion to dismiss the government’s first superseding indictment. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Wiggan argues that the Double Jeopardy Clause of the Fifth Amendment bars the government from re-litigating the three counts contained in the superseding indictment. She bears the burden of proving that collateral estoppel applies. See Dowling v. United States, 493 U.S. 342, 350-51 , 110 S.Ct. 668 , 107 L.Ed.2d 708 (1990). To determine whether Wiggan has met this burden, we undertake any or all of the following inquiries:

United States v. Hernandez, 572 F.2d 218, 220 (9th Cir.1978). Applying this framework and focusing on inquiry three, we conclude that collateral estoppel does not apply because Wiggan has not demonstrated that the issues contained in the superseding indictment were “necessarily decided” in her first case. Id.

At trial, Wiggan’s attorney invited the jury to acquit her on three independent *536 grounds: (1) lack of falsity, (2) lack of materiality, and (3) lack of willfulness. Based on the jury’s general verdict, it is impossible to determine which of these…