United States v. Lewis, No. 16-1524 (8th Cir. 2017)
Annotate this CaseDefendant seeks to appeal an order denying his motion to dismiss an indictment charging him with three counts of Hobbs Act robberies, in violation of 18 U.S.C. 1951, and one count of aiding and abetting the use of a firearm during and in relation to a crime of violence, in violation of 18 U.S.C. 924(c)(1)(A). The court explained that these four counts were originally brought against defendant in a 2010 indictment, but were dismissed as part of a plea agreement in which he agreed to cooperate with law enforcement. Therefore, jeopardy did not attach during any of the pretrial proceedings and defendant has failed to present a colorable double jeopardy claim. Likewise, defendant has failed to present a colorable claim for collateral estoppel. Without a final judgment, the court lacks jurisdiction to hear the merits of whether the government violated the plea agreement. The court dismissed the appeal for lack of jurisdiction.
Court Description: Riley, Author, and Smith and Kelly, Circuit Judges] Criminal case - Criminal law. The government dismissed four counts of defendant's 2010 indictment before a jury was empaneled on the counts, and jeopardy did not attach; as a result, the district court correctly denied defendant's motion to dismiss on double jeopardy grounds; similarly, the court properly denied defendant's collateral estoppel arguments; the court is without jurisdiction to hear an interlocutory appeal from a pretrial order denying a motion to dismiss an indictment based on an alleged breach of a plea agreement.
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