United States v. Bruce Ford

Bruce Ford appeals from the district court’s order dismissing, without prejudice, an indictment that was returned against him. Ford was charged with conspiracy to possess a controlled substance with the intent to distribute and possession of a controlled substance with the intent to distribute, in violation of 21 U.S.C. §§ 841 (a)(1) and 846. Ford was also indicted for violating 18 U.S.C. § 2 . We find that we do not have jurisdiction under 28 U.S.C. § 1291 to review the district court’s order, and dismiss Ford’s appeal.

DISCUSSION

Following the district court’s decision dismissing the first indictment, Ford was rein-dicted. He then pled guilty to violating 21 U.S.C. § 841 (a)(1) as charged in the subsequent indictment. Under the terms of the guilty plea, Ford agreed not to appeal his conviction under the second indictment. Ford appeals only from the district court’s order dismissing, without prejudice, the first indictment. He claims that the district court abused its discretion granting the order. We have no jurisdiction over this appeal because the district court’s order is not a final decision within the meaning of 28 U.S.C. § 1291 .

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