Steel

A jury convicted Defendant William Steel and three co-defendants of several crimes, including conspiracy to interfere with commerce by robbery in violation of the Hobbs Act, 18 U.S.C. § 1951 (a) (“Count One”). On appeal, we reversed that conviction and remanded the case for a new trial because, although the evidence was sufficient to convict Steel on Count One, United States v. Williams, 547 F.3d 1187, 1195-97 (9th Cir.2008), the jury had improperly received an Allen charge, id. at 1206-07 .

After remand, and before his re-trial began, Defendant moved to dismiss Count One, or for a judgment of acquittal. In that motion, Defendant raised two new arguments contending that the evidence presented at his original trial had been insufficient to support a conviction on Count One. Consequently, he asserted, holding a second trial on Count One would violate the Double Jeopardy Clause. The district court denied the motion on the merits. Reviewing our jurisdiction de novo, United States v. Romero-Ochoa, 554 F.3d 833, 835 (9th Cir.2009), we dismiss Defendant’s interlocutory appeal.

We have “jurisdiction of appeals from all final decisions of the district courts of the United…