United States v. WR Grace

FISHER, Circuit Judge:

This appeal presents us with two questions. First, we must decide whether the government has adequately complied with the certification requirements of 18 U.S.C. § 3731, which gives us jurisdiction to hear this interlocutory appeal. Second, assuming we have jurisdiction, we must decide whether the district court exceeded its authority in issuing pretrial orders that: (1) *1123required the government to submit a pretrial list of witnesses and later precluded the government from using any unlisted witnesses in its case-in-chief; and (2) precluded the government’s identified…