§ 3731. — Appeal by United States.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC3731]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART II--CRIMINAL PROCEDURE
CHAPTER 235--APPEAL
Sec. 3731. Appeal by United States
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.
(June 25, 1948, ch. 645, 62 Stat. 844; May 24, 1949, ch. 139, Sec. 58,
63 Stat. 97; Pub. L. 90-351, title VIII, Sec. 1301, June 19, 1968, 82
Stat. 237; Pub. L. 91-644, title III, Sec. 14(a), Jan. 2, 1971, 84 Stat.
1890; Pub. L. 98-473, title II, Secs. 205, 1206, Oct. 12, 1984, 98 Stat.
1986, 2153; Pub. L. 99-646, Sec. 32, Nov. 10, 1986, 100 Stat. 3598; Pub.
L. 103-322, title XXXIII, Sec. 330008(4), Sept. 13, 1994, 108 Stat.
2142; Pub. L. 107-273, div. B, title III, Sec. 3004, Nov. 2, 2002, 116
Stat. 1805.)
Historical and Revision Notes
1948 Act
Based on title 18, U.S.C., 1940 ed., Sec. 682 (Mar. 2, 1907, ch.
2564, 34 Stat. 1246; Mar. 3, 1911, ch. 231, Sec. 291, 36 Stat. 1167;
Jan. 31, 1928, ch. 14, Sec. 1, 45 Stat. 54; May 9, 1942, ch. 295,
Sec. 1, 56 Stat. 271).
The word ``dismissing'' was substituted for ``sustaining a motion to
dismiss'' in two places for conciseness and clarity, there being no
difference in effect of a decision of dismissal whether made on motion
or by the court sua sponte.
Minor changes were made to conform to Rule 12 of the Federal Rules
of Criminal Procedure. The final sentence authorizing promulgation of
rules is omitted as redundant.
1949 Act
This section [section 58] corrects a typographical error in the
second paragraph of section 3731 of title 18, U.S.C., and conforms the
language of the fifth, tenth, and eleventh paragraphs of such section
3731 with the changed nomenclature of title 28, U.S.C., Judiciary and
Judicial Procedure. See sections 41, 43, and 451 of the latter title.
Amendments
2002--First par. Pub. L. 107-273 inserted ``, or any part thereof''
after ``as to any one or more counts''.
1994--Second par. Pub. L. 103-322 substituted ``order of a district
court'' for ``order of a district courts''.
1986--Fifth par. Pub. L. 99-646 struck out fifth par. which read as
follows: ``Pending the prosecution and determination of the appeal in
the foregoing instances, the defendant shall be released in accordance
with chapter 207 of this title.''
1984--First par. Pub. L. 98-473, Sec. 1206, inserted ``or granting a
new trial after verdict or judgment,'' after ``indictment or
information''.
Third par. Pub. L. 98-473, Sec. 205, inserted third par. relating to
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.
1971--First par. Pub. L. 91-644, Sec. 14(a)(1), enacted provision
for appeal to a court of appeals from decision, judgment, or order of
district court dismissing an indictment or information as to any one or
more counts, except that no appeal shall lie where double jeopardy
prohibits further prosecution.
Second par. Pub. L. 91-644, Sec. 14(a)(1), enacted provision for
appeal to a court of appeals from decision or order of 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.
Such first and second pars. superseded former first eight pars.
Pars. one through four had provided for appeal from district courts to
Supreme Court from decision or judgment setting aside, or dismissing any
indictment or information, or any count thereof and from decision
arresting judgment of conviction for insufficiency of indictment or
information, where such decision or judgment was based upon invalidity
or construction of the statute upon which the indictment or information
was founded and for an appeal from decision or judgment sustaining a
motion in bar, where defendant had not been put in jeopardy. Pars. five
through eight provided for appeal from district courts to a court of
appeals where there were no provisions for direct appeal to Supreme
Court from decision or judgment setting aside, or dismissing any
indictment or information, or any count thereof and from decision
arresting a judgment of conviction, and from an order, granting a motion
for return of seized property or a motion to suppress evidence, made
before trial of a person charged with violation of a Federal law, if the
United States attorney certified to the judge who granted the motion
that the appeal was not taken for purpose of delay and that the evidence
was a substantial proof of the charge pending against the defendant.
Third par. Pub. L. 91-644, Sec. 14(a)(2), authorized within third
par., formerly ninth, an appeal within thirty days after order has been
rendered.
Fourth par. Pub. L. 91-644, Sec. 14(a), in revising the provisions,
had the effect of designating former tenth par. as fourth par.
Fifth par. Pub. L. 91-644, Sec. 14(a)(3), substituted as a fifth
par. provision for liberal construction of this section for prior
eleventh par. provision respecting remand of case by Supreme Court to
court of appeals that should have been taken to such court and treatment
of the court's jurisdiction to hear and determine the case as if the
appeal were so taken in the first instance and for prior twelfth par.
provision respecting certification of case to Supreme Court that should
have been taken directly to such Court and treatment of the Court's
jurisdiction to hear and determine the case as if the appeal were taken
directly to such Court.
1968--Pub. L. 90-351 inserted eighth par. providing for an appeal by
the United States from decisions sustaining motions to suppress evidence
and substituted in tenth par. ``defendant shall be released in
accordance with chapter 207 of this title'' for ``defendant shall be
admitted to bail on his own recognizance'', respectively.
1949--Act May 24, 1949, substituted ``invalidity'' for ``validity''
after ``upon the'' in second par., and conformed language of fifth,
tenth, and eleventh pars. to the changed nomenclature of the courts.
Savings Provision
Section 14(b) of Pub. L. 91-644 provided that: ``The amendments made
by this section [amending this section] shall not apply with respect to
any criminal case begun in any district court before the effective date
of this section [Jan. 2, 1971].''
Section Referred to in Other Sections
This section is referred to in sections 3143, 3145 of this title.
