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161524P.pdf   01/04/2017  United States  v.  Terrell Lewis
   U.S. Court of Appeals Case No:  16-1524
   U.S. District Court for the Western District of Missouri - Kansas City   
[PUBLISHED] [Riley, Author, and Smith and Kelly, Circuit Judges] Criminal case - Criminal law. The government dismissed four counts of defendant's 2010 indictment before a jury was empaneled on the counts, and jeopardy did not attach; as a result, the district court correctly denied defendant's motion to dismiss on double jeopardy grounds; similarly, the court properly denied defendant's collateral estoppel arguments; the court is without jurisdiction to hear an interlocutory appeal from a pretrial order denying a motion to dismiss an indictment based on an alleged breach of a plea agreement.