## Facts

- John Arthur Scott, a police officer, was indicted on three federal narcotics counts, including distribution of heroin and two possession-with-intent-to-distribute counts.
- Before trial and twice during trial, Scott moved to dismiss the two possession-with-intent counts, arguing preindictment delay had prejudiced his defense.
- The district court reserved decision during the evidentiary phase.
- After all evidence was presented, the district court granted Scott’s motion and dismissed the two counts for preindictment delay; the jury remained empaneled on the third count.
- The United States sought to appeal the dismissal under 18 U.S.C. § 3731.
- The Sixth Circuit dismissed the appeal, holding the Double Jeopardy Clause barred further prosecution of the dismissed counts.

## Issues

1. Whether the Double Jeopardy Clause bars a government appeal under 18 U.S.C. § 3731 from a midtrial dismissal granted on the defendant’s motion after jeopardy attaches.
2. Whether a dismissal for preindictment delay constitutes an “acquittal” or other merits-based resolution that triggers double jeopardy protection against appeal and retrial.
3. Whether the rule barring government appeals when reversal would require further factual proceedings should control.

## Decision

- The Supreme Court reversed the Sixth Circuit and held the government’s appeal was not barred by the Double Jeopardy Clause.
- A midtrial termination obtained on the defendant’s motion on a ground unrelated to factual guilt or innocence does not bar a government appeal, even though jeopardy had attached.
- The district court’s dismissal for preindictment delay was not an acquittal because it did not resolve any factual element of the offenses or find evidentiary insufficiency.
- The Court overruled the contrary approach that barred appeals whenever reversal would require further proceedings on remand.

## Legal Principles

- Double jeopardy bars government appeal and retrial after an acquittal, including a judicial ruling that the evidence is insufficient to convict.
- When a defendant seeks termination of the trial without submission of guilt or innocence to the judge or jury, the government may appeal the resulting dismissal without violating the Double Jeopardy Clause.
- The operative inquiry is whether the ruling is, in substance, an acquittal (a resolution of factual elements or evidentiary insufficiency), not whether jeopardy has attached or whether further proceedings would be required after reversal.
- Under 18 U.S.C. § 3731, the government may appeal a dismissal of an indictment unless the Double Jeopardy Clause prohibits further prosecution; dismissals on non-merits grounds do not trigger that constitutional bar.

## Conclusion

Because the dismissal for preindictment delay terminated the trial on a defense-requested, non-merits basis and did not determine Scott’s factual guilt or innocence, the Double Jeopardy Clause did not prevent the United States from appealing under 18 U.S.C. § 3731, and the prior rule foreclosing such appeals was rejected.


United States v. Scott, 437 U.S. 82 (1978)