Can a motion to dismiss on double jeopardy grounds be reviewed de novo?

The district court's denial of a motion to dismiss on double jeopardy grounds is reviewed de novo. United States v. James, 109 F.3d 597, 599 (9th Cir.1997).

Under the separate sovereign doctrine, a single act that violates the laws of two separate sovereigns constitutes two separate crimes, and prosecutions by each of these sovereigns does not violate the Double Jeopardy Clause. See Heath v. Alabama, 474 U.S. 82, 88, 106 S.Ct. 433, 88 L.Ed.2d 387 (1985). "Whether two entities that seek to successively prosecute a defendant for the same conduct are separate sovereigns depends on `whether the two entities draw their authority to punish the offender from distinct sources of power.'" United States v. Traylor, 978 F.2d 1131, 1132 (9th Cir.1992) (quoting Heath, 474 U.S. at 88, 106 S.Ct. 433).