U.S. v. WOODRUFF

No. 94-10042.

50 F.3d 673 (1995)

UNITED STATES of America, Plaintiff-Appellant, v. Kevin WOODRUFF, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided March 10, 1995.

As Amended April 19, 1995.


Attorney(s) appearing for the Case

Anne E. Kenner, Asst. U.S. Atty., San Francisco, CA, for plaintiff-appellant.

Harriett Ross, San Francisco, CA, for defendant-appellee.

Before: ALDISERT, CHOY and SCHROEDER, Circuit Judges.


SCHROEDER, Circuit Judge:

The United States appeals the district court's dismissal of an indictment under the Hobbs Act, 18 U.S.C. § 1951(a). The threshold question raised by the defendant is whether we have jurisdiction to review the district court's order because it is without prejudice and arguably not final within the meaning of 28 U.S.C. § 1291. We hold that the government has authority to prosecute this appeal under 18 U.S.C. § 3731. With respect...

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