United States Seventh Circuit

In a prosecution of defendant for possession with intent to distribute more than five grams of crack cocaine, district court's denial of defendant' motion to dismiss his indictment on constitutional speedy trial and double jeopardy grounds, while granting his motion under the Speedy Trial Act, is vacated and remanded where: 1) defendant's constitutional and statutory speedy trial claims are dismissed for lack of subject matter jurisdiction because his prosecution is ongoing, as neither ruling is currently a final decision appealable under 28 U.S.C. section 1291, nor does either fit within the collateral order doctrine; and 2) district court's ruling on the double jeopardy issue is vacated as the district court erred by not holding a evidentiary hearing before making a determination as to whether the prosecutor intentionally tried to trigger a mistrial, and the matter is remanded so that such a hearing can occur.

Appellate Information

• Argued 04/13/2010
• Decided 10/15/2010
• Published 10/15/2010

Judges

• WILLIAMS

Court

• United States Seventh Circuit

Counsel