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: Tenth Circuit Blog

No Double Jeopardy Bar to Retrial After Reversal Due to Constructive Amendment of Indictment

By Shari Allison

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US v. Farr, -- F.3d --, 2010 WL 60904 (10th Cir. 1/11/10) - retrial did not violate double jeopardy after initial conviction was reversed due to government's constructive amendment of the indictment. Reversal for constructive amendment does not engender double jeopardy concerns; factual findings had not been made that were tantamount to a judgment of acquittal and there had been no conclusion that the government had failed to prove an element of the offense.

Full post as published by Tenth Circuit Blog on January 12, 2010 (boomark / email).

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