In an appeal from the District Court's order denying an ex-Enron executive-defendant's motion to dismiss his wire fraud indictment on Double Jeopardy grounds, the order is reversed where an apparent inconsistency between a jury's verdict of acquittal on some counts and its failure to return a verdict on other counts does not affect the acquittals' preclusive force under the Double Jeopardy Clause.
On writ of certiorari to the United States Court of Appeals for the Fifth Circuit.
Filed on June 18, 2009
Stevens, J., delivered the opinion of the Court, in which Roberts, C. J., and Souter, Ginsburg, and Breyer, JJ., joined, and in which Kennedy, J., joined as to Parts I-III and V.
Kennedy, J., filed an opinion concurring in part and concurring in the judgment.
Scalia, J., filed a dissenting opinion, in which Thomas and Alito, JJ., joined.
Alito, J., filed a dissenting opinion, in which Scalia and Thomas, JJ., joined.
For Respondent - Elena Kagan, Solicitor General, United States Department of Justice, Washington, DC.