United States v. George Lynch and Christopher Moscinski

I concur in the opinion of the Court and accept its reasoning. I am convinced that we are forbidden to hear the substantive issues that the government seeks to appeal. Because of their importance, however, I write separately to offer some additional observations as to why I think we cannot hear them. Under the Criminal Appeals Act of 1970, read in the light of the history and purpose of the Fifth Amendment’s Double Jeopardy Clause, we must decline the government’s invitation, in effect, to retry the defendants in this Court on the record and opinion below.

In dismissing the government’s…