martin linen supply argued february decided april deadlocked jury discharged unable agree upon verdict criminal contempt trial respondent corporations district judge granted respondents timely motions judgments acquittal fed rule crim proc provides motion judgment acquittal may made within days jury discharged may enter judgment acquittal government appealed pursuant allows appeal criminal case appeals judgment district dismissing indictment except appeal shall lie double jeopardy clause constitution prohibits prosecution appeals dismissed appeal held double jeopardy clause bars appellate review retrial following judgment acquittal entered rule pp controlling constitutional principle double jeopardy clause focuses prohibitions multiple trials wilson appeal government presents threat successive prosecutions clause offended pp normal policy granting government right retry defendant mistrial determine outcome trial apply since valid judgments acquittal entered express authority strict compliance rule successful governmental appeal reversing judgments acquittal necessitate another trial proceedings resolve factual issues going elements offense charged pp judgments acquittal acquittals substance well form since district plainly granted rule motion express view government proved facts constituting criminal contempt pp rule recognizes legal distinction judge jury respect invocation protections double jeopardy clause rule contemplated artificial distinctions situations judge enters judgment acquittal prior submission case jury rule submission prior jury return verdict rule jury thereafter discharged situation involved judge chose await outcome jury deliberations upon failure reach verdict acted timely motion acquittal jury discharge sanford distinguished pp brennan delivered opinion stewart white marshall blackmun powell joined stevens filed opinion concurring judgment post burger filed dissenting opinion post rehnquist took part consideration decision case frank easterbrook argued cause pro hac vice brief solicitor general bork burleson smith argued cause filed brief respondents justice brennan delivered opinion hopelessly deadlocked jury discharged unable agree upon verdict criminal contempt trial respondent corporations district western district texas federal rule crim proc provides case motion judgment acquittal may made within days jury discharged may enter judgment acquittal timely motions judgments acquittal rule made respondents six days discharge jury resulted two months later entry district judgments acquittal sole question presented decision whether judgments acquittal rule appealable pursuant section provides appeal criminal case shall lie appeals judgment district dismissing indictment except appeal shall lie double jeopardy clause constitution prohibits prosecution appeals fifth circuit held appeal lay judgments acquittal entered district rule appeals reasoned since reversal acquittals enable try respondents second time bar double jeopardy clause leads inescapably conclusion appeal lies directed verdict ordered granted certiorari affirm long established appeal criminal case without express congressional authorization wilson sanges two terms ago wilson traced uneven course statutory authority congress amended criminal appeals act history need repeated see also sisson suffices present purposes wilson found enacting title iii omnibus crime control act stat congress intended remove statutory barriers government appeals allow appeals whenever constitution permit therefore unless barred double jeopardy clause constitution appeals government judgments acquittal entered district rule authorized consideration reach constitutional limitations inhibiting governmental appeals largely unnecessary prior regime statutory restrictions see fong foo kepner however congress removed statutory limitations appeal relevant inquiry turns reach double jeopardy clause become necessary take closer look policies underlying clause order determine precisely boundaries government appeal rights criminal cases wilson supra cases decided since taken closer look many policies shaping restrictions governmental appeal rights brought sharper focus development double jeopardy clause origins suggests directed threat multiple prosecutions government appeals least appeals require new trial thus wilson held controlling constitutional principle focuses prohibitions multiple trials heart policy concern permitting sovereign freely subject citizen second trial offense arm government potent instrument oppression clause therefore guarantees state shall permitted make repeated attempts convict accused thereby subjecting embarrassment expense ordeal compelling live continuing state anxiety insecurity well enhancing possibility even though innocent may found guilty green see also downum ociety awareness heavy personal strain criminal trial represents individual defendant manifested willingness limit government single criminal proceeding vindicate vital interest enforcement criminal laws jorn harlan ii none considerations favoring appealability present case government appeal district judgments acquittal rule jury failed agree verdict normal policy granting government right retry defendant mistrial determine outcome trial perez wheat applicable since valid judgments acquittal entered express authority strictly compliance rule judgments according wording rule act terminate trial jeopardy long since attached successful governmental appeal reversing judgments acquittal necessitate another trial least proceedings sort devoted resolution factual issues going elements offense charged jenkins therefore present case one double jeopardy bar appealability automatically averted rather must inquire constitutional significance rule acquittal perhaps fundamental rule history double jeopardy jurisprudence verdict acquittal reviewed error otherwise without putting defendant twice jeopardy thereby violating constitution ball fong foo supra example district directed jury verdicts acquittal subsequently entered formal judgments acquittal appeals entertained appeal reversed district ruling ground trial judge without power direct acquittals circumstances disclosed record reversed holding although appeals may correctly believed acquittal based upon egregiously erroneous foundation evertheless verdict acquittal final reviewed without putting defendants twice jeopardy thereby violating constitution see also kepner supra sisson serfass supra applying teaching ball fong foo like cases emphasized constitutes acquittal controlled form judge action sisson supra cf wilson rather must determine whether ruling judge whatever label actually represents resolution correct factual elements offense charged question judgments acquittal entered district acquittals substance well form district plainly granted rule motion view government proved facts constituting criminal contempt made clear belief prosecution weakest contempt case ever seen entering judgments acquittal also recorded view government failed prove material allegations beyond reasonable doubt defendant found guilty thus plain district case evaluated government evidence determined legally insufficient sustain conviction appeals concluded determination insufficiency evidence triggered double jeopardy protection government however disputes constitutional significance district action submits verdict acquittal formally returned jury absolutely bar proceedings nce district declared mistrial dismissed jury double jeopardy bar second trial dissolved brief agree course government argues jury trial primary finders fact jurors overriding responsibility stand accused potentially arbitrary abusive government command criminal sanction reason trial judge prohibited entering judgment conviction directing jury come forward verdict see sparf hansen carpenters regardless overwhelmingly evidence may point direction trial judge thereby barred attempting override interfere jurors independent judgment manner contrary interests accused limitation role trial judge however never inhibited ruling favor criminal defendant fong foo establishing binding nature directed verdict dispositive point since rule merely replaces mechanism employed fong foo accords federal trial judge greater flexibility timing judgment acquittal persuasive basis exists construing rule weakening trial binding authority purposes double jeopardy rather notes advisory committee confirmed rule intends substantive alteration role judge jury creates purely formal modification device order make nomenclature accord realities accordingly sisson supra held rule recognizes legal distinction judge jury respect invocation protections double jeopardy clause government however read fong foo implication rule differently argues judge directed verdict fong foo binding double jeopardy purposes formal verdict acquittal though direction rendered judge jury discharged effect turns constitutional significance rule judgment acquittal matter timing thus judge orders entry judgment acquittal defendant motion prior submission case jury may rule submission prior jury return verdict authorized rule jury thereafter discharged government argument necessarily concedes double jeopardy clause preclude appeal retrial however judge chooses await outcome jury deliberations upon failure reach verdict acts timely motion acquittal filed rule within seven days discharge government submits double jeopardy clause bar appeal persuaded rule contemplated artificial distinctions rather differentiations timing intentionally incorporated rule afford trial judge maximum opportunity consider care pending acquittal motion insofar government desires appeal correct error irrational behavior prejudice part trial judge interest dependent point trial judge enters rule judgment suffers special prejudice judge acquittal jury disagrees discharged extent judge authority rule designed provide additional protection defendant filtering deficient prosecutions defendant interest protection essentially identical jury allowed come verdict jury unable reach verdict either case defendant neither condemned exculpated panel peers absence intervention trial judge vindication must await action jury thus conclude judgments rule treated uniformly accordingly double jeopardy clause bars appeal acquittal entered rule jury mistrial less rule sanford dictate contrary result sanford jury trial ended declaration mistrial judgment acquittal never entered four months later second trial well preparatory stage trial dismissed prosecution indictment dismissal occurred several months first trial ended mistrial retrial respondents begun characterized judge dismissal pretrial order concluded appealability governed serfass linking sanford serfass highlights distinctiveness acquittal rule serfass carefully distinguished appeal pretrial order appeal legal determination basis facts adduced trial relating general issue case quoting sisson rule acquittal however falls squarely within latter category language rule judgment acquittal plainly concludes pending prosecution jeopardy attached following introduction trial evidence general issue circumstance hold although retrial sometimes permissible mistrial declared verdict judgment entered verdict acquittal foreclosed retrial thus barred appellate review wilson affirmed footnotes rule provides motion judgment acquittal motion submission jury motions directed verdict abolished motions judgment acquittal shall used place motion defendant motion shall order entry judgment acquittal one offenses charged indictment information evidence either side closed evidence insufficient sustain conviction offense offenses defendant motion judgment acquittal close evidence offered government granted defendant may offer evidence without reserved right reservation decision motion motion judgment acquittal made close evidence may reserve decision motion submit case jury decide motion either jury returns verdict returns verdict guilty discharged without returned verdict motion discharge jury jury returns verdict guilty discharged without returned verdict motion judgment acquittal may made renewed within days jury discharged within time may fix period verdict guilty returned may motion set aside verdict enter judgment acquittal verdict returned may enter judgment acquittal shall necessary making motion similar motion made prior submission case jury dismissal jury district judge advised counsel parties inclined enter judgment acquittal respondents appropriate motion made app said almost instructed verdict defendants government case without doubt weakest contempt case ever seen pertinent part provides appeal criminal case appeal shall lie appeals decision judgment order district dismissing indictment information one counts except appeal shall lie double jeopardy clause constitution prohibits prosecution although provision authorizes appeal district dismiss al rather acquittal established form ruling dispositive appealability statutory sense see infra characterizing trial action directed verdict appeals erred terminology rule expressly substitutes judgment acquittal directed verdict shall seen however see infra purely formal nature change federal criminal procedure marked rule speaks strongly favor treating rule judgments acquittal predecessor directed verdicts purposes invoking double jeopardy see fong foo double jeopardy clause also accords nonappealable finality verdict guilty entered judge jury disabling government seeking punish defendant offense see ex parte lange wall absence threatened second trial mitigates possibility governmental jury shopping substantially reduces expense anxiety borne defendant addition government interest preserving conviction fairly attained obviously far greater interest investing additional time resources reprosecuting defendant following jury failure reach verdict trial judgment acquittal motion rule judgment acquittal entertained earliest evidence either side closed stage trial obviously arises well jeopardy attached must inquire whether ruling defendant favor actually acquittal even though district characterized otherwise wilson rule terms authorizes judgment acquittal evidence insufficient sustain conviction offense offenses appeals specifically address issue reached conclusion suarez per curiam situation criminal prosecution tried judge alone question double jeopardy clause accords determination favor defendant full constitutional effect see jenkins even though proposed government respect rule judgment acquittal argued prosecution legitimate interest correcting possibility error judge sitting without jury jenkins refused accept theories double jeopardy permit reconsideration trial judge ruling discharging criminal defendant advisory committee framed rule explicitly noted subdivision permitting entry judgment acquittal jury discharge works undue prejudice government prosecution constitutionally sanctioned interest receiving verdict jury constitutional requirement jury trial criminal cases primarily right accorded defendant cf singer government right demand jury verdict limited afforded fed rule crim proc jury trial waivable consent government course qualified authority granted trial judge rule justice stevens concurring judgment statutory authority government appeal judgment acquittal criminal case plain language together unambiguous legislative history makes perfectly clear congress authorize intend authorize appeals acquittals prior recent amendment criminal appeals act source great confusion unruly child improved age sisson act construed incorporate obscure distinctions various types dismissals appealable directly appeals appealed either however one thing always clear appeal taken government acquittal matter erroneous legal theory underlying decision amendment changed law eliminating distinctions different kinds dismissals neither present statute predecessors ever authorized appeal acquittal statute relevant part reads criminal case appeal shall lie appeals decision judgment order district dismissing indictment information one counts except appeal shall lie double jeopardy clause constitution prohibits prosecution emphasis added legislative history demonstrates congress intended eliminate nonconstitutional barriers appeals dismissals intend allow appeals acquittals recognized senate report key legislative history report opens describing purpose bill resolve serious problems frequently arisen respect right appeal rulings terminate prosecutions judgments acquittal emphasis added apart problem direct review report major problem arisen present statute concerns total lack appealability certain kinds dismissals suppressions emphasis added report discusses length limitations appeals dismissals committee believed constitution allowed government appeal dismissal stated bill intended liberally construed effectuate purpose permitting government appeal dismissals criminal prosecutions district courts cases constitution permits emphasis added hand committee believed constitution barred appeal acquittal dismissal amounting acquittal true acquittal based upon insufficiency evidence prove element offense understanding demonstrated bill sponsor presented senate report floor summarized bill providing government right appeal ruling district criminal case dismisses prosecution favor defendant except ruling acquittal also presented letter solicitor general explaining bill allow appeal dismissal except one amounting judgment acquittal factual judgment defendant guilty crime charged thereby entitled protection double jeopardy cong rec remarks hruska explained wilson conference committee made minor change wording bill see wilson change narrowed bill two respects senate bill allowed appeals dismissals also order terminating prosecution favor defendant expressly barred appeals judgment acquittal short conference committee stated senate bill authorized appeal decision order terminating prosecution except acquittal conf conference committee change narrowed bill deleting reference orders terminating prosecution favor defendant leaving dismissals appealable deletion rendered superfluous exception acquittals also deleted committee change also narrowed bill barring appeal even dismissal prosecution violate double jeopardy attempt authorize government appeal acquittals represented radical change law sponsor bill apparently understand legislation effects described noncontroversial legislation away unnecessary perplexing jurisdictional problems appeals government criminal cases cong rec remarks hruska similarly conference report describes senate bill merely eliminating echnical distinctions appeals conf supra interpreting legislative history sometimes perplexing uncertain task instance however legislative history absolutely clear congress interested solely expanding government right appeal dismissal indictment desire allow appeals acquittals believed appeals unconstitutional since satisfied congress authorized government appeal judgment acquittal question presented whether judgment entered case answer question demonstrates perfectly clear virtue fed rule crim proc mistrial terminate judge power make decision merits ruling substance well form therefore acquittal reason concur judgment contrary dictum wilson jenkins serfass controlling reasons first statutory issue dispute cases two defendants expressly conceded applicability statute cases brief respondent wilson brief respondent jenkins third defendant simply failed address statutory issue see brief petitioner serfass probably case involved pretrial dismissal indictment hence unaided adversary presentation issue moreover language used decisions undermine holdings two cases upheld government appeal clearly involve acquittals merits serfass pretrial dismissal wilson dismissal speedy trial grounds third case jenkins arguably involved acquittal held constitutional grounds appeal barred second indicate text infra perfectly clear dictum incorrect view special responsibility supervising proper functioning federal criminal justice system hesitate correct plain mistake involving technical problem procedure prejudicial reliance mistake difficulty problems presented statute illustrated sharply divided conclusions reached various opinions cases sisson ponto en banc apex distributing en banc significance senate report understanding act well expressed serfass supra relevance significance well considered carefully prepared report senate judiciary committee see schwegmann calvert distillers jackson concurring affected fact amendments proposed committee adopted without change senate modified conference committee see conf latter report contains explanation changes made changes consistent intent expressed senate report see wilson ante subsection entitled nature district decision limitation appeals dismissals begins statement terminology employed original statute unnecessarily precludes government appealing many dismissals prosecutions report current act provide appeal large variety cases dismissal based grounds nothing defect indictment construction invalidity underlying statute ibid report gives examples dismissals failure prosecution comply discovery lack timely prosecution report refers use old terms like judgment sustaining motion bar giving rise problems like confronted sisson supra subpart senate report deals attachment jeopardy limitation appeals dismissals section concerned appeal decision sustaining motion bar jeopardy attached ibid congress concerned defendant reserve issues law trial preclude possible review example case trial judge ruled selective service act unconstitutional trial bill provided appeal lie decision judgment order district dismissing indictment information terminating prosecution favor defendant one counts except appeal shall lie judgment acquittal conference bill reported back houses provision appeals described cautious terms hardly appropriate proposal go constitutional limits senate authoriz ing appeals certain classes criminal cases cong rec remarks mcclellan emphasis added house amendment broaden clarify right government appeal dismissals criminal cases remarks celler pointed sanford mistrial case entirely different proceedings trial terminated without decision merits trial respondents indictment terminated favor mistrial declared sua sponte district trial terminated manner classical test determining whether defendants may retried without violating double jeopardy clause stated justice story opinion perez wheat opinion facts constitute legal bar future trial prisoner convicted acquitted may put upon defense chief justice burger dissenting order acquittal favor respondents entered district judge mistrial declared due jury deadlock jury dismissed respondents ceased jeopardy proceeding longer convicted except undergoing new trial century half accepted defendant may properly reprosecuted declaration mistrial perez wheat therefore district judge ruling made prior trial government right prosecute defendant required defend sanford present case distinguished sanford constitutionally material respects true district judge phrased order acquittal rather dismissal order entered pursuant timely rule motion however mechanical niceties dispositive whether retrial expose defendants double jeopardy fifth amendment inquiry focus substance rather form proceedings ruling motion acquittal district judge must pass sufficiency weight government case isaacs cert denied wooten applicable standard whether district judge trier fact whether find accused guilty government evidence consolidated laundries emphasis original district judge ruling thus plainly one law fact exonerate convict defendant legitimate interest defendant requires ruling insulated appellate review hand barring appeal jeopardizes government substantial interest presenting legally sufficient case jury holding today thus wholly inconsistent intent rule described drafters advisory committee notes explaining amendments rule notes expressly state legitimate interest government intended prejudiced permitting direct acquittal motion surely right reprosecute legitimate interest government remain unaffected district judge order acquittal interest clarity consistency administration criminal justice system served today holding hinging outcome case timing motion label order elevating form substance undermining theoretical framework established trilogy two terms ago sanford morrison decisions earlier term litigants criminal courts government defendants alike harmed uncertainty thus created reasons join holding respectfully dissent fong foo relies heavily point district judge directed verdict original trial still progress unlike case us jury still properly empaneled yet even begun deliberate district judge interrupts trial process important rights defendant may jeopardized opportunity try case frustrated possibility acquittal originally empaneled jury lost rights implicated original trial ended jury agree point defendant already subject second trial thus timing district order suggests irrelevant technicality midtrial judgment acquittal interrupts trial process time defendant constitutionally entitled proceed verdict wilson jenkins serfass