The 9th Circuit U.S. Court of Appeals rejected Michael Avenatti’s double jeopardy appeal in his California criminal case on Wednesday, saying the trial judge ruled properly, and the appellate court lacks jurisdiction over his other claims.

The four-page, unpublished opinion was issued six days after a three-judge panel heard oral argument. And it backs an argument federal prosecutors have made since Avenatti filed his notice of appeal: Double jeopardy doesn’t apply in this case, because the judge determined prosecutors didn’t commit misconduct, so any other arguments can’t be considered by the appellate court because jurisdiction remains with the trial court.

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