Does an appeal from the denial of a motion to dismiss on the basis of double jeopardy have any effect?

This circuit has addressed the issue of the effect of appeals from interlocutory orders in a closely related context. In an appeal from the denial of a motion to dismiss on the basis of double jeopardy, as in a qualified immunity appeal, the issue to be addressed by the court is whether the defendant will be forced to appear at trial. United States v. LaMere, 951 F.2d 1106, 1108 (9th Cir.1991). The court in LaMere adopted a "dual jurisdiction" rule wherein "an appeal from the denial of a frivolous ... motion [to dismiss based on double jeopardy] does not divest the district court of jurisdiction to proceed with trial, if the district court has found the motion to be frivolous". Id. (internal quotations omitted).