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Federal Government Appeals. The federal government may appeal an adverse ruling in a criminal prosecution only if authorized by statute and not barred by a constitutional provision. The primary constitutional limit on government appeals is the Fifth Amendment's prohibition against double jeopardy. The Criminal Appeals Act provides statutory authority for government appeals in federal criminal prosecutions. The Act authorizes federal prosecutors to appeal orders dismissing indictments, orders suppressing evidence, post-verdict new trial orders, bail determinations, and certain other final orders.
