United States v. Barry Bonds

Ninth Circuit

United States v. Barry Bonds

784 F.3d 582, 2015 U.S. App. LEXIS 6708, 2015 WL 1842752

CourtCourt of Appeals for the Ninth Circuit

DecidedApril 22, 2015

Docket11-10669

StatusPublished

Cited by10 cases

This text of 784 F.3d 582 (United States v. Barry Bonds) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. Barry Bonds, 784 F.3d 582, 2015 U.S. App. LEXIS 6708, 2015 WL 1842752 (9th Cir. 2015).

Pincite

Opinions

Per Curiam Opinion; Concurrence by Judge KOZINSKI; Concurrence by Judge N.R. SMITH; Concurrence by Judge

REINHARDT; Concurrence by Judge W. FLETCHER; Dissent by Judge RAWLINSON

OPINION

PER CURIAM:

During a grand jury proceeding, defendant gave a rambling, non-responsive answer to a simple question. Because there is insufficient evidence that Statement C was material, defendant’s conviction for obstruction of justice in violation of 18 U.S.C. § 1503 is not supported by the record. Whatever section 1503’s scope may be in other circumstances, defendant’s conviction here must be reversed.

A reversal for insufficient evidence implicates defendant’s right under the Double Jeopardy Clause. See United States v. Preston, 751 F.3d 1008, 1028 (9th Cir.2014) (en banc) (citing Burks v. United States, 437 U.S. 1, 11, 98 S.Ct. 2141, 57 L.Ed.2d 1 (1978)). His conviction and sentence must therefore be vacated, and he may not be tried again on that count.

REVERSED.

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