# United States v. Barry Bonds

> Court of Appeals for the Ninth Circuit · April 22, 2015 · 784 F.3d 582

URL: https://www.frixlaw.com/law-library/cases/9806986

## Case

- **Full name:** UNITED STATES of America, Plaintiff-Appellee, v. Barry Lamar BONDS, Defendant-Appellant
- **Court:** Court of Appeals for the Ninth Circuit
- **Decided:** April 22, 2015
- **Citations:** 784 F.3d 582; 2015 U.S. App. LEXIS 6708; 2015 WL 1842752
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** 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 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9806986

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9806986. Public record. Not legal advice.