Opinion

United States v. Barry Bonds

  • 784 F.3d 582
  • 2015 U.S. App. LEXIS 6708
  • 2015 WL 1842752
Court
Court of Appeals for the Ninth Circuit
Filed
Apr 22, 2015
Status
Published
On the bench
Alex, Callahan, Diarmuid, Fletcher, Friedland, Graber, Kim, Kozinski, McLane, Nguyen, O'Scannlain, Per Curiam, Rawlinson, Reinhardt, Smith, Stephen, Susan, Wardlaw
Nature of suit
Criminal
Cited by
8 cases
Authority
More cited than 56.3%

former Chief Judge Kozinski remained on en banc court after his term expired

How later courts described this case

  • former Chief Judge Kozinski remained on en banc court after his term expired
  • “[W]e must respect the exclusive province of the jury to determine the credibility of witnesses . . . .
  • N.R. Smith, J., concurring

Written by the judges who cited it.

The opinion

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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.