Urie

concurring:

I concur in the result.

MEMORANDUM *

Troy Urie appeals an interlocutory order by the district court denying his motion to dismiss the indictment based on double jeopardy and collateral estoppel grounds. We dismiss the appeal for lack of jurisdiction.

In 2006, Urie was indicted for conspiracy to commit mail and wire fraud, in violation of 18 U.S.C. § 371 , wire and mail fraud, and aiding and abetting, in violation of 18 U.S.C. §§ 1341-43 , and forfeiture under 18 U.S.C. § 981 (a)(1)(C) and 28 U.S.C. § 2461 (c). The government alleged that Urie sought to defraud a company of its goods by impersonating an executive of Agilent Technologies, Inc. (“Agilent scheme”). About eighteen months prior to being indicted, Urie was convicted of conspiracy and fraud crimes for defrauding a different company of its goods by impersonating an executive of Sanmina SCI Corporation (“Sanmina scheme”). In that case, the court instructed the jury to determine sentencing factors, including the intended loss amount which was reasonably foreseeable. The court instructed the jury that in determining this amount, it should consider loss resulting from acts and omissions that were part of the same course of conduct or common scheme…