No. 23-2431 ___________________________

United States of America,

lllllllllllllllllllllPlaintiff - Appellee,

v.

Donavan Jay White Owl, also known as DJ,

lllllllllllllllllllllDefendant - Appellant. ____________

Appeal from United States District Court for the District of North Dakota - Western ____________

Submitted: October 17, 2023 Filed: February 23, 2024 ____________ Before SMITH, Chief Judge, LOKEN and COLLOTON, Circuit Judges. ____________ COLLOTON, Circuit Judge.

Donovan White Owl appeals an order of the district court* denying his motion to dismiss an indictment based on the Double Jeopardy Clause. In a pending criminal

* The Honorable Daniel M. Traynor, United States District Judge for the District of North Dakota. case, the dist