The following excerpt is from U.S. v. Cote, 51 F.3d 178 (9th Cir. 1995):
The only question pertinent to a resolution of the present case is whether a second trial is barred by the double jeopardy clause. 4 The double jeopardy clause bars a retrial on the same charge "when a defendant's conviction is reversed by an appellate court on the sole ground that the evidence was insufficient to sustain the jury's verdict." Lockhart v. Nelson, 488 U.S. 33, 39, 109 S.Ct. 285, 289, 102 L.Ed.2d 265 (1988). We must determine, therefore, on what grounds the defendants' convictions were reversed.
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