DOJ-OGR-00019355.pdf

Case 20-3061, Document 37, 09/16/2020, 2932231, Page13 of 24 at issue is not related to any right not to stand trial.” Id. at 26. 2. Appeals Involving Injunctions 15. Title 28, United States Code, Section 1292(a)(1) provides that Courts of Appeals shall have jurisdiction over “[i]nterlocutory orders of the district courts of the United States . . . or of the judges thereof, granting, continuing, modifying, refusing or dissolving injunctions, or refusing to dissolve or modify injunctions, except where a direct review may be had in the Supreme Court.” Orders regulating discovery in a criminal case, even if couched “using words of restraint,” are not injunctions and are therefore not appealable under § 1292(a)(1). See Pappas, 94 F.3d at 798 (“Protective orders that only regulate materials exchanged between the parties incident to litigation, like most discovery orders, are neither final orders, appealable under 28 U.S.C. § 1291, nor injunctions, appealable under 28 U.S.C. § 1292(a)(1.” (internal citations omitted)); Caparros, 800 F.2d at 26. B. Discussion 16. There is no dispute that the Order is not a final judgment and thus is not appealable unless it fits within the “small class” of decisions that constitute immediately appealable collateral orders. Van Cauwenberghe, 486 U.S. at 522. Because the Order does not fall within the extremely narrow category of collateral orders that are appealable in criminal cases, where the collateral order 12 DOJ-OGR-00019355