United States v. John F. Yeager

OPINION

COLE, Circuit Judge.

Defendant John F. Yeager appeals the district court’s dismissal without prejudice of his indictment for nine counts of bank fraud under 18 U.S.C. §§ 1344 and 2. On appeal, Yeager contends that the district court erred in not dismissing the indictment with prejudice to preclude his re-indictment on the same bank fraud charges. The government responds by arguing that the dismissal without prejudice is not an appealable order and alternatively, that the district court did not err in dismissing the indictment without prejudice. For the reasons that follow, we DISMISS…