Does the District Court have jurisdiction to hear a motion to Dismiss on Double Jeopardy Grounds?

In general, the district court had jurisdiction under 18 U.S.C. Sec. 3231. In general, we have interlocutory jurisdiction over the double jeopardy claim pursuant to 28 U.S.C. Sec. 1291 and Abney v. United States, 431 U.S. 651, 662, 97 S.Ct. 2034, 2042, 52 L.Ed.2d 651 (1977). However, as discussed below, jurisdiction does not exist in this case because the double jeopardy claim is not ripe and the vindictive prosecution claim cannot be brought up on an interlocutory appeal.

A. The Motion to Dismiss on Double Jeopardy Grounds