U.S. v. SHELBY

No. 10-20148.

604 F.3d 881 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Rex SHELBY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 23, 2010.


Attorney(s) appearing for the Case

Joseph Douglas Wilson, Asst. U.S. Atty., San Francisco, CA, James Lee Turner, Asst. U.S. Atty., Houston, TX, for U.S.

Susan Lea Hays, Geisler Hays, L.L.P., Edwin J. Tomko, Curran, Tomko, Tarski, L.L.P., Dallas, TX, for Shelby.

Before KING, STEWART and HAYNES, Circuit Judges.


PER CURIAM:

The defendant, Rex T. Shelby, filed a pretrial appeal from an order by the district court that denied his motion to dismiss, on double jeopardy grounds, a Seventh Superseding Indictment filed against him on November 9, 2005. Presently before this court is the Government's motion to dismiss Shelby's appeal. The Government contends that we lack subject-matter jurisdiction over the appeal because Shelby's double jeopardy claims are "not colorable" and "frivolous...

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