United States v. Kevin Woodruff

The United States appeals the district court’s dismissal of an indictment under the Hobbs Act, 18 U.S.C. § 1951 (a). The threshold question raised by the defendant is whether we have jurisdiction to review the district court’s order because it is without prejudice and arguably not final within the meaning of 28 U.S.C. § 1291 . We hold that the government has authority to prosecute this appeal under 18 U.S.C. § 3731 . With respect to the issue the government raises on appeal, we hold that the indictment here was sufficient, and so we reverse.

JURISDICTION

The statute in question is 18 U.S.C. § 3731 , which provides that, in a criminal case, “an appeal by the United States shall lie to a court of appeals from a decision, judgment or order of a district court dismissing an indictment or information.” The government argues that the statute provides a sufficient and independent jurisdictional basis for us to hear this appeal. In support of this proposition, the government refers us to a recent opinion from a sister circuit. In United States v. Lester, 992 F.2d 174, 176 (8th Cir.1993), the United States similarly appealed the dismissal of an indictment without prejudice. The Eighth…