Court of Appeals for the Ninth Circuit May 25, 2004, 03-10181 (United States v. David Gene Lewis)

CALLAHAN, Circuit Judge.

David Gene Lewis, a former California correctional officer, appeals the district court’s denial of his motion to dismiss the indictment. Lewis raises two issues. First, can Lewis seek interlocutory review of the district court’s denial of his “fair warning” defense? Second, did the prosecution’s alleged Brady

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violations raise double jeopardy concerns?