US v. Camacho
No. 04-10078 (6-24-05). Defendant was a federal civilian employee serving as an Air Force Reservist. He went into the PX to purchase a home theatre system and came out with two. The second one was stolen. He was caught and sanctioned by the base commander. The sanctions were pretty severe. Nonetheless, the feds brought a misdemeanor charge against him. Defendant alleged double jeopardy. The 9th held, joining other circuits, that the commander's actions were akin to employment sanctions, and that they didn't constitute criminal punishment. The employment context differed from the criminal context, and there was no double jeopardy bar.