PER CURIAM.
Defendant-appellee moves for summary dismissal of the government's appeal in conformance with local Rule 9. Appellee makes claims as follows: (1) The appeal by the government is not within the jurisdiction of the court because it was not timely filed; and (2) the appeal is frivolous and without merit because appeals by the government in situations like in the instant case are not authorized by 18 U.S.C. § 3731. We refuse to grant summary dismissal...
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