What is the test for determining whether the federal government has a right to appeal against a motion of appeal?

Certainly the government is entitled to protection of its statutory right of appeal. See United States v. Booth, 669 F.2d 1231, 1241 (9th Cir.1981). In our view, however, it accords too little respect to the right of speedy trial secured by the sixth amendment to exclude entirely from consideration the time spent on the government's interlocutory appeals. If such appeals are not even counted in the period of delay, then "speedy" trials could be postponed for years or decades, no matter how onerous the burdens borne by the defendants in the meantime, and the sixth amendment would not even be implicated. We reject such a per se approach to the problem of delay caused by interlocutory appeals.