United States v. Serrano, No. 16-4321 (2d Cir. 2017)Annotate this Case
The Second Circuit held that it lacked jurisdiction to hear defendant's appeal of the denial of his Federal Rule of Criminal Procedure 29 and double jeopardy motions. Defendant has not stated a colorable double jeopardy claim that may be appealed before final judgment, as no event has occurred to terminate his original jeopardy from his first trial. The Second Circuit has previously held that the denial of a Rule 29 motion does not fall within the scope of the collateral order doctrine and may not be appealed prior to a final judgment. Accordingly, the appeals were dismissed based on lack of appellate jurisdiction and all pending motions were dismissed as moot.