What is the test for a motion to dismiss an action on double jeopardy grounds?
MultiRegion, United States of America
The following excerpt is from U.S. v. Nevell, 21 F.3d 1118 (9th Cir. 1994):
We review de novo a district court's order denying a motion to dismiss an action on double jeopardy grounds. United States v. Castiglione, 876 F.2d 73, 75 (9th Cir.1988), cert. denied, 493 U.S. 954 (1989). "[T]he double jeopardy clause prohibits augmentation of a criminal sentence when it would violate the defendant's reasonable expectation of finality." United States v. Foumani, 910 F.2d 617, 619-20 (9th Cir.1990).
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