Thurber

MEMORANDUM **

Jeffrey Leigh Thurber appeals an interlocutory order by the district court denying his motion to dismiss his federal indictment on double jeopardy grounds. We dismiss the appeal for lack of jurisdiction.

We review double jeopardy claims de novo. See United States v. Patterson, 292 F.3d 615, 622 (9th Cir.2002). As a general rule, denials of pretrial motions are not final and appealable. We recognize an exception to this rule “in the case of a pretrial motion to dismiss based on a claim of double jeopardy.” United States v. Cejas, 817 F.2d 595, 596 (9th Cir.1987) (citing Abney v. United States, 431 U.S. 651, 659 , 97 S.Ct. 2034 , 52 L.Ed.2d 651 (1977)). This exception extends, however, only to colorable double jeopardy challenges. See United States v. Zone, 403 F.3d 1101, 1104 (9th Cir.2005). A double jeopardy claim is colorable if it has “some possible validity.” United States v. Sarkisian, 197 F.3d 966, 983 (9th Cir.1999) (citation omitted).

Under the test announced in Blockburger v. United States, 284 U.S. 299 , 52 S.Ct. 180 , 76 L.Ed. 306 (1932), double jeopardy is not implicated where “each [statutory] provision requires proof of an additional fact which the…