United States v. Shelby

The defendant, Rex T. Shelby, filed a pretrial appeal from an order by the district court that denied his motion to dismiss, on double jeopardy grounds, a Seventh Superseding Indictment filed against him on November 9, 2005. Presently before this court is the Government’s motion to dismiss Shelby’s appeal. The Government contends that we lack subject-matter jurisdiction over the appeal because Shelby’s double jeopardy claims are “not color-able” and “frivolous.” For the reasons discussed below, we agree and dismiss the appeal.

I. Background

A. Shelby’s Trial, Reindictment, and First Motion to…