United States v. Kenneth M. Comeaux, Edmund M. Reggie, Oscar W. Boswell, II

GARWOOD, Circuit Judge:

Defendants-appellants Edmund M. Reggie (Reggie), Oscar W. Boswell (Boswell), and Kenneth M. Comeaux (Comeaux) appeal the denial of their motion to dismiss an indictment against them for bank fraud. Contending that the government’s dismissal of another, earlier indictment against them a year previously was in bad faith, they argue that the prior dismissal should be recharacterized as with prejudice, barring the present prosecution. We conclude that we lack jurisdiction, and dismiss the appeal.

Facts and Proceedings Below

On May 24, 1989, a federal grand jury in the Western…