No. 20-1982

UNITED STATES,

Appellee,

v.

INYEMAR MANUEL SUAZO,

Defendant, Appellant.

APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE

[Hon. Paul J. Barbadoro, U.S. District Judge]

Before

Howard, Chief Judge, Selya and Lynch, Circuit Judges.

Edward S. MacColl, with whom Thompson, MacColl, & Bass LLC, P.A. was on brief, for appellant. Seth R. Aframe, Assistant United States Attorney, with whom John J. Farley, Acting United States Attorney, was on brief, for appellee.

September 20, 2021 LYNCH, Circuit Judge. Inyemar Manuel Suazo brings this interlocutory appeal from the denial of his motion to dismiss his federal New Hampshire prosecution on double jeopardy grounds. He purports to include in this interlocutory appeal the rejection of arguments raised in another motion to dismiss and a due process argument. We hold that his double jeopardy rights never attached in the earlier Maine criminal proceedings, and we therefore affirm the denial of his motion to dismiss on double jeopardy grounds. Because we lack jurisdiction over the other arguments he attempts to present, we dismiss those portions of his appeal without prejudice.

I. Background and Procedural History

On March 2, 2018, Suazo, along with Julio Mejia and Enyel Mejia-Pimental, was indicted in the District of Maine for conspiracy to distribute, and to possess with intent to distribute, 400 grams or more of fentanyl and cocaine. A superseding indictment, issued on March 28, 2018, detailed more specifics of the alleged conspiracy, stating it began no later than April 7, 2016 and continued until March 14, 2018 in the Districts of Maine, New Hampshire, and Massachusetts.

The government requested pretrial detention, relying on the presumption of detention set forth in 18 U.S.C. § 3142. Suazo was detained in Maine from approximately March 26, 2018 to February 27, 2019, and thereafter was released on bail. On December 2,

- 2 - 2019, the parties selected but did not empanel a jury for a trial set to begin December 9, 2019. This trial never began and no jury was ever empaneled.

On December 4, 2019, the government moved for bail revocation. It alleged that Suazo had violated a condition of his release to "avoid all contact . . . with any person who is or may be a victim or witness in the investigation or prosecution," by having contact with Julio Mejia, who was also charged in the indictment. The government sought, and was granted, a warrant for Suazo's arrest. After Suazo's arrest, he moved to continue the December 9, 2019 trial date. The district court allowed the motion and continued the trial to February 3, 2020.

At the December 4 bail revocation hearing, Special Agent Steven Galbadis of the Drug Enforcement Administration testified that Mejia had told him that Suazo had approached Mejia on November 30, 2019, shown him a picture of Mejia's cooperation agreement on his phone, and told Mejia that if he testified against him he would post the cooperation agreement on the internet. Galbadis testified that Mejia told him that Mejia and Suazo met again the next day and Suazo again said that he would post the cooperation agreement online. On cross-examination, Galbadis stated that he was not aware of Suazo coming in contact with any witness in the case other than Mejia. Finding that the government had presented clear and convincing evidence that Suazo had violated a condition of release,