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United States v. Shelby

The defendant filed a pretrial appeal from an order by the district court that denied his motion to dismiss, on double jeopardy grounds, a seventh superseding indictment filed against him. Defendant has failed to raise a colorable double jeopardy claim. Accordingly, the court dismissed, for lack of subject-matter jurisdiction, his appeal from the district court's denial of his pretrial motion to dismiss and remanded for trial. 5th U.S. Circuit Court of Appeals, No. 10-20148, 04-23-2010

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Published opinion

Before KING, STEWART, and HAYNES, Circuit Judges.

The defendant, Rex T. Shelby, filed a pretrial appeal from an order by the district court that denied his motion to dismiss, on double jeopardy grounds, a Seventh Superseding Indictment filed against him on November 9, 2005. Presently before this court is the Government’s motion to dismiss Shelby’s appeal. The Government contends that we lack subject-matter jurisdiction over the appeal because Shelby’s double jeopardy claims are “not colorable” and “frivolous.” For the reasons discussed below, we agree and dismiss the appeal.

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