United States v. Lusby, No. 18-10368 (9th Cir. 2020)
Nature of Case: Appellee was indicted federally for failing to register as a sex offender and sought to dismiss the indictment in district court on the grounds that his interstate travel was legally compelled and that the federal statute required that the travel not be legally compelled for there to be criminal liability. The district court held hearings on the motion to dismiss and agreed that the government had to demonstrate that the travel was not legally compelled, which the government agreed it could not do. The district court dismissed the indictment which the government appealed.
Holding: 9th Circuit Court of Appeals reversed, holding both that to reinstate the indictment would not subject the Appellee to Double Jeopardy and that the government need not demonstrate that the interstate travel was not legally compelled.