United States Second Circuit

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US v. Serrano, 16‐4321

In a case in which defendant, who was convicted of possessing ammunition as a felon in violation of 18 U.S.C section 922(g)(1), successfully moved for a new trial based on erroneous jury instructions pursuant to Federal Rule of Criminal Procedure 33, and then motioned for judgment of acquittal based on insufficient evidence pursuant to Federal Rule of Criminal Procedure 29, and for a dismissal of the indictment under the Double Jeopardy Clause of the U.S. Constitution, both of which were denied by the district court, the appeal is dismissed where jurisdiction is lacking to consider appeals because: 1) defendant has not stated a colorable double jeopardy claim that may be appealed before final judgment, as no event has occurred to terminate his original jeopardy from his first trial; and 2) the denial of a Rule 29 motion does not fall within the scope of the collateral order doctrine and may not be appealed prior to a final judgment.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2017/05/10

Judges

  • CABRANES

Court

  • United States Second Circuit

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