United States of America and Rick P. Baken v. Robert A. Glassman

GEE, Circuit Judge:

The trial court denied appellant’s motion to quash the search warrant, to suppress the seized materials and to return property illegally seized in connection with a charge of distributing obscene material. We do not reach the legality vel non of the search warrant because we find the district court’s order to be nonappealable, and we therefore dismiss for lack of jurisdiction.

This motion, made pursuant to Fed. R. Crim.P. 41(e), was made prior to appellant’s indictment, but “the mere circumstance of a preindictment motion” does not make the order final and appealable.…