Does a motion to dismiss a motion alleging double jeopardy in relation to RICO proceedings have to be heard before a jury?
MultiRegion, United States of America
The following excerpt is from U.S. v. Solano, 605 F.2d 1141 (9th Cir. 1979):
Each appellant alleges that the RICO prosecution should be barred on the ground of double jeopardy, and now appeals the district court's denial of his or her motion to dismiss. Appeals from denials of motions to dismiss based on double jeopardy are permissible prior to trial. Abney v. United States,431 U.S. 651, 97 S.Ct. 2034, 52 L.Ed.2d 651 (1977). These appeals have been expedited, and were consolidated for oral argument and consideration.
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