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U.S. v. WATSON

No. 04-1913.

386 F.3d 304 (2004)

UNITED STATES of America, Appellant, v. Philip E. WATSON and Shane E. O'Hearn, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided October 12, 2004.

Attorney(s) appearing for the Case

James D. Herbert, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, and Jeffrey Auerhahn, Assistant United States Attorney, were on brief, for appellant.

Judith H. Mizner, Assistant Federal Public Defender, with whom Leo T. Sorokin, Assistant Federal Public Defender, was on brief, for appellees.

Before SELYA, Circuit Judge, COFFIN, Senior Circuit Judge, and LIPEZ, Circuit Judge.

SELYA, Circuit Judge.

This interlocutory appeal arrives on our doorstep following the district court's denial of a brink-of-trial continuance which, according to the prosecution, was necessitated by an Executive Branch faux pas de deux. The threshold question is one of first impression: Does the Criminal Appeals Act, 18 U.S.C. § 3731, afford jurisdiction to review the specific orders issued by the district court? Concluding that the orders appealed from are not...

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