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United States v. Wampler

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Before GORSUCH and EBEL, Circuit Judges, and ARGUELLO*fn1, District Court Judge.

The defendants argue that an unconsummated plea agreement between their former corporate employer and the government bars their current prosecution and upcoming trial. Despite this, the district court held the defendants must stand trial. So unless we hear their appeal now, the defendants worry, their “right not to be tried” under the terms of the plea agreement will be lost forever. But whatever else the plea agreement may do, one thing it doesn’t do is confer jurisdiction on this court to entertain an interlocutory appeal. Generally, a defendant must await a final judgment in the district court before pursuing an appeal. To overcome this rule and secure interlocutory review of a collateral order based on a claimed “right not to be tried,” some constitutional or statutory provision must grant him or her that right. Where, as here, no such provision is in play, we must, as usual, defer review of the defendants’ arguments until after their trial, should it happen to result in a final judgment of conviction.

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