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UNITED STATES v. YOUNG

No. 75-3102.

544 F.2d 415 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Ronald Dennis YOUNG, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Certiorari Denied December 13, 1976.

Attorney(s) appearing for the Case

Philip A. DeMassa (argued), San Diego, Cal., for defendant-appellant.

John J. Robinson, Asst. U.S. Atty., San Diego, Cal. (argued), Terry J. Knoepp, U.S. Atty., John J. Robinson, Asst. U.S. Atty., San Diego, Cal., on the brief, for plaintiff-appellee.

Before CHOY and WALLACE, Circuit Judges, and RICHEY, District Judge.

MARY ANNE RICHEY, District Judge:

The question presented on this appeal is whether a district court's denial of a motion to dismiss an indictment is a final and appealable order within the meaning of 28 U.S.C. § 1291 where the challenge to the indictment is founded on a claim of double jeopardy. Because we answer in the negative, we dismiss the appeal for lack of jurisdiction and do not reach the merits of appellant's constitutional claim.

In 1974 appellant...

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