Is there any case law where a defendant has been successful in seeking remand for an evidentiary hearing on their double jeopardy defense?
MultiRegion, United States of America
The following excerpt is from United States v. Lucas, 841 F.3d 796 (9th Cir. 2016):
Defendants in other cases have faced similar difficulty in seeking remand for an evidentiary hearing on their double jeopardy defense. In United States v. Koon, for example, a defendant's conclusory allegations of collusion were insufficient to obtain an evidentiary hearing despite evidence that:
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