Wilson v. Czerniak, No. 02-36121 (9th Cir.) (355 F.3d 1151) (January 20, 2004) (Judge Warren J. Ferguson)
Here a divided panel held that the Double Jeopardy Clause prohibited the retrial of the prisoner/defendant on charges of aggravated felony murder, since he had previously been acquitted of the lesser included offense of intentional murder.
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