This section contains the nature of the case and procedural background.

Scott (D) was a policeman charged with the distribution of various narcotics in March 1975. He was tried in United States District Court. Both before and during trial, D moved to dismiss two counts of the indictment. These two counts concerned transactions that took place in September 1974. D claimed that his defense had been prejudiced by preindictment delay. The court granted D's motion. The United States (P) appealed. The United States Court of Appeals affirmed, holding that any further prosecution of D was barred by the Double Jeopardy Clause. The United States Supreme Court granted certiorari to further consider the applicability of the Double Jeopardy Clause to government appeals from orders granting defense motions to terminate a trial before verdict.

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