Ramos-Oseguera

ORDER

At a hearing held June 1, 1995, the Court denied defendants Julio Ramos-Oseguera, Roberto Ramirez, and Samuel Robles-Lopez’ motions to dismiss the Superseding Indictment on the. grounds of double jeopardy. That same day, defendants filed notices of appeal of the Court’s Order. Julio Ramos-Oseguera contended that the Court’s denial of his double jeopardy motion was immediately appealable and served to divest the Court of jurisdiction over the case.

At a hearing held June 2, 1995, the Court addressed the question whether defendants’ filing of notices of appeal divested the Court of jurisdiction over the case. The Court held that defendants’ claims were frivolous and that the Court retained jurisdiction over the case.

This Order memorializes the Court’s oral rulings.

I. THE COURT’S DENIAL OF DEFENDANTS’ DOUBLE JEOPARDY MOTIONS

Defendants Julio Cesar Ramos-Oseguera, Sotero Ramos-Oseguera, Roberto Ramirez, and Samuel Robles-Lopez are charged in a sixty-six count Superseding Indictment which, inter alia, alleges that each defendant participated in a conspiracy to distribute heroin ( 21 U.S.C. § 846 ) and that each defendant violated the substantive offense of distribution of…