141 F.3d 1182
United States of America, Plaintiff-Appellee,
v.
John D. TODMAN, Defendant-Appellant.
No. 97-10277.
D.C. No. CR-95-00258-1-EHC.
United States Court of Appeals, Ninth Circuit.
Submitted Feb. 9, 1998**.
Decided Mar. 2, 1998.
NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.
Appeal from the United States District Court for the District of Arizona Earl H. Carroll, District Judge, Presiding.
Before PREGERSON, CANBY, and LEAVY, Circuit Judges.
MEMORANDUM*
John D. Todman appeals the district court's order granting the government's motion to withdraw from its plea agreement based on Todman's breach of the agreement. Because Todman has not yet moved to dismiss the pending indictment on double jeopardy grounds, there is no final decision in this case. See Abney v. United States, 431 U.S. 651, 662-63, 97 S.Ct. 2034, 52 L.Ed.2d 651 (1977). Accordingly, we dismiss this appeal for lack of jurisdiction. See id.
DISMISSED.