18 U.S.C. § 3731

Appeal by United States

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In a criminal case an appeal by the United States shall lie to a court of appeals from a decision, judgment, or order of a district court dismissing an indictment or information or granting a new trial after verdict or judgment, as to any one or more counts, or any part thereof, except that no appeal shall lie where the double jeopardy clause of the United States Constitution prohibits further prosecution.

An appeal by the United States shall lie to a court of appeals from a decision or order of a district court suppressing or excluding evidence or requiring the return of seized property in a criminal proceeding, not made after the defendant has been put in jeopardy and before the verdict or finding on an indictment or information, if the United States attorney certifies to the district court that the appeal is not taken for purpose of delay and that the evidence is a substantial proof of a fact material in the proceeding.

An appeal by the United States shall lie to a court of appeals from a decision or order, entered by a district court of the United States, granting the release of a person charged with or convicted of an offense, or denying a motion for revocation of, or modification of the conditions of, a decision or order granting release.

The appeal in all such cases shall be taken within thirty days after the decision, judgment or order has been rendered and shall be diligently prosecuted.

The provisions of this section shall be liberally construed to effectuate its purposes.

Notes of Decisions

Cited in 2,514 cases (126 in the last 5 years), 1948–2026 · leading case: United States v. Wuterich

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United States v. Wuterich (2008) armfor · cites it 58× “§ 862 (2000), which provides authority for interlocutory government appeals similar to the authority available in federal civilian criminal prosecutions under 18 U.S.C. § 3731 (2000). The present appeal primarily involves two issues.”

United States v. Vuitch (1971) scotus · cites it 40× “The United States appealed *64 to this Court under the Criminal Appeals Act, 18 U. S. C. § 3731 . We postponed decision on jurisdiction to the hearing on the merits, 397 U.”

Arizona v. Manypenny (1981) scotus · cites it 17× “It invoked the appellate court's jurisdiction under 18 U. S. C. § 3731 . [9] The United States Court of Appeals for the Ninth Circuit, by a brief per curiam opinion citing Sanabria v.”

United States v. Scott (1978) scotus · cites it 10× “" 18 U. S. C. § 3731 (1976 ed.). Soon thereafter, this Court remarked in a footnote with more optimism than prescience that "[t]he end of our problems with this Act is finally in sight.”

United States v. Grace (2008) ca9 · cites it 10× “FISHER, Circuit Judge: We granted en banc review of this appeal by the government, brought pursuant to 18 U.S.C. § 3731 , to resolve two questions.”

Sanabria v. United States (1978) scotus · cites it 10× “Although the jurisdictional statute, 18 U. S. C. § 3731 (1976 ed.), by its terms authorizes the Government to appeal only from orders "dismissing an indictment .”

State v. Moreno (1991) texcrimapp · cites it 14× “When judged in these terms, the Criminal Appeals Act [ 18 U.S.C. § 3731 ] is a failure. Born of compromise, and reflecting no coherent allocation of appellate responsibility, the Criminal Appeals Act proved a most unruly child that has not improved with age.”

United States v. Loud Hawk (1986) scotus · cites it 10× “The legislative history of 18 U. S. C. § 3731 "makes it clear that Congress intended to remove all statutory barriers to Government appeals and to allow appeals whenever the Constitution would permit.”

State v. Medrano (2002) texcrimapp · cites it 8× “01 in 1987, it made clear its intent to afford the State the same powers afforded the federal government under 18 U.S.C. § 3731 ." There is no question that under 18 U.”

In Re GRAND JURY PROCEEDINGS (2010) ca10 · cites it 22× “Jurisdiction We have jurisdiction under 18 U.S.C. § 3731 to review a governmental appeal from a final order granting, in full or in part, a motion to quash a grand jury subpoena.”

In Re Grand Jury Investigation. Appeal of United States of America (1979) ca3 · cites it 10× “Pursuant to 18 U.S.C. § 3731 , 1 the United States Attorney has certified that this appeal “is not taken for the purpose of delay and that the evidence is a substantial proof of a fact material in the proceeding.”

United States v. Martin Linen Supply Co. (1977) scotus · cites it 6× “[3] The sole question presented for our *567 decision is whether these judgments of acquittal under Rule 29 (c) are appealable by the United States pursuant to 18 U. S. C. § 3731 . Section 3731 provides that an appeal by the United States in a criminal case "shall lie to a court…”

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