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U.S. v. GIFFEN

Docket No. 05-5782-CR.

473 F.3d 30 (2006)

UNITED STATES of America, Appellant, v. James H. GIFFEN, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: December 8, 2006.

Attorney(s) appearing for the Case

William J. Schwartz, Kronish Lieb Weiner & Hellman LLP (Steven M. Cohen, Matthew E. Beck, Kevin Galbraith, of counsel), New York, NY, for Defendant-Appellee.

Peter G. Neiman, Assistant United States Attorney, Southern District of New York (Stephen J. Ritchin, Celeste L. Koeleveld, Assistant United States Attorneys, Michael K. Atkinson, Fraud Section, Criminal Division, United States Department of Justice, of counsel; Michael J. Garcia, United States Attorney, on the brief), New York, NY, for Appellant.

Before: WALKER, LEVAL, SOTOMAYOR, Circuit Judges.

LEVAL, Circuit Judge:

The government brings interlocutory appeal from an order of the United States District Court for the Southern District of New York (William H. Pauley III, J.) denying the government's motion in limine to preclude defendant James H. Giffen from advancing a public authority defense at trial. We dismiss for lack of appellate jurisdiction.

Background

I. The Indictment

Giffen, a United States citizen,...

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