United States v. Ambort

PAUL KELLY, Jr., Circuit Judge.

Defendants Ambort, Benson, Lewis and Stay appeal from an order of the district court denying their motion to dismiss the indictment. The government has moved to dismiss this interlocutory appeal. In United States v. P.H.E., Inc., 965 F.2d 848, 856 (10th Cir.1992), we held that an interlocutory order in a criminal case that implicates a defendant’s First Amendment “right not to be tried” may be immediately appealable, regardless of the lack of a final order, see 28 U.S.C. § 1291. Whether this appeal fits within either that exception or within the collateral order…