Hale

MEMORANDUM ***

Hale was indicted for being a felon in possession of a firearm. The indictment *489 contained two counts. Count I charged that he was in possession of a 9mm Makarov; Count II charged that he was in possession of a Derringer pistol. Hale entered a conditional plea to Count I, reserving the right to contest the denial of his motion to suppress the 9mm Makarov. Count II was dismissed.

This matter was previously before us on Hale’s appeal of the denial of the suppression motion. We remanded to the district court for additional fact-finding concerning the seizure of the 9mm Makarov, United States v. Hale, No. 02-10434, 68 Fed.Appx. 809 . After a hearing and post-hearing briefs, the district court granted the motion to suppress, allowed Hale to withdraw his guilty plea, and set the case for trial. The Government filed this interlocutory appeal of the order to suppress.

Jurisdiction and Standard of Review

We have jurisdiction over this interlocutory appeal under 18 U.S.C. § 3731 . Hale moved to dismiss the appeal for failure to indicate that the appeal was not taken for reasons of delay. We exercise our discretion to deny the motion and allow the interlocutory appeal…