United States v. Ronald Dennis Young

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 was convicted in federal district court of conspiracy to possess with intent to distribute, and possession with intent to distribute, cocaine under 21 U.S.C. §§ 841 (a)(1) and 846. In June 1975 appellant filed a motion for new trial pursuant to Rule 33 of the Federal Rules of Criminal Procedure. The motion .was granted after an evidentiary hearing at which a former co-defendant testified in a manner tending to exonerate appellant. Appellant’s second trial commenced on July 29,1975. During the retrial, appellant filed two motions for judgment of acquittal. Both were denied. The case was submitted to the jury August 1. After the jury had deliberated for almost two days, the court polled the jurors as to the likelihood of reaching a unanimous verdict. The jurors…