The US Attorney’s office filed the paperwork to officially drop counts one, two and three against Barry Bonds. The jury returned a hopelessly divided verdict, which left the government with the option of either dismissing the charges, or pursuing a new trial on the charges.
The government officially decided to dismiss the three counts without prejudice under Federal Rule of Criminal Procedure 48(a), which means they will not be able to re-try Bonds on the specific counts. The three counts dealt with false declarations the government alleged Bonds made to the grand jury.
The government now will wait for some remaining court maneuvers before sentencing can begin on Count Five. Judge Illston denied Bonds motion for acquittal or a new trial and Bonds will now appeal that to the Ninth Circuit Court of Appeals. More than likely they’ll side with Illston, after which she will sentence Bonds. He could get some time in prison, but based on Illston’s history, he’ll likely get no more than house arrest.