United States v. DeCinces, No. 15-50033 (9th Cir. 2015)Annotate this Case
In Appeal No. 15-50033, the government challenged the district court’s pretrial order granting motions in limine to exclude certain pieces of evidence in a case in which Defendant DeCinces, Mazzo, and others are charged with insider-trading offenses relating to the stock of Advanced Medical Optics. In Appeal No. 15-50058, Mazzo challenged the district court’s order denying his motion to dismiss a securities fraud charge under 18 U.S.C. 1348 for failing to state an offense and for violating the Double Jeopardy Clause. In regard to Appeal No. 15-50033, the court concluded that it has jurisdiction under 18 U.S.C. 3731 to entertain the government's interlocutory appeal where the district court's order granting the motions in limine was sufficiently final, and the district court abused its discretion when it granted the motions in limine excluding the IntraLase and Bausch and Lomb evidence. In regard to Appeal No. 15-50058, the court concluded that it lacked pendant appellate jurisdiction over Mazzo's interlocutory appeal, and the court lacked jurisdiction over Mazzo's interlocutory appeal under the collateral order doctrine. Accordingly, the court reversed the grant of defendants' motions in limine in Appeal No. 15-50033 and dismissed Appeal No. 15-50058.