United States v. Fernando Morales

Good Law

465 F. App'x 734

United States Court of Appeals for the Ninth CircuitJanuary 11, 201210-50419, 10-50467, 10-50469, 10-50470, 10-50473, 10-50485, 10-50489, 10-50507, 10-50510, 10-50511, 10-50512, 10-50514, 10-50535, 10-50541, 10-50582California2,323 words

Opinion

MEMORANDUM

These interlocutory appeals arise from the 2009 indictment of twenty-four alleged members of the Mara Salvatrucha (“MS-13”) gang on racketeering and drug conspiracy charges. The sixteen-count indictment charges 158 overt acts in furtherance of the racketeering and drug conspiracy counts. Defendants appeal the denial of motions to dismiss portions of the indictment as barred by double jeopardy and the denial of motions to compel specific performance of non-prosecution provisions previously agreed to in exchange for guilty pleas to related charges. The government cross-appeals the district court’s sua sponte decision to strike certain overt-act allegations from the indictment.

I.

We have jurisdiction under the collateral order doctrine over interlocutory appeals from the denial of a motion to dismiss certain charges as precluded by double jeopardy. Abney v. United States, 431 U.S. 651, 659-62 , 97 S.Ct. 2034 , 52 L.Ed.2d 651 (1977). We also have jurisdiction over interlocutory appeals of orders denying a motion to dismiss an indictment on the ground that it was filed in breach of a plea agreement. United States v. Sandoval-Lopez, 122 F.3d 797, 799-800 (9th…

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