appears in the Court’s discussion of Cohen’s second requirement, that the issues on appeal must be collateral to the merits, it may imply that the Court considered a Blackledge allegation analogous to a double jeopardy claim for purposes of the third Cohen requirement as well. 12 . In Burks v. United States, 437 U.S. 1, 13-14, 98 S.Ct. 2141, 2148-2149, 57 L.Ed.2d 1 (1978), the Court asserted that the Double Jeopardy Clause did not prohibit retrial after the defendant had obtained a reversal of his conviction on grounds of a fatally defective indictment. 13 . The Supreme Court has recently implied that post-conviction relief is adequate in a claim of selective prosecution in violation of the Equal Protection Clause. Flynt v. Ohio, - U.S. -, 101 S.Ct. 1958, 68 L.Ed.2d 489 (1981) (<HOLDING>). Vindictive prosecution claims, like those
holding in context of companion 28 usc  1292b that rjoutine resort to interlocutory appeals would hardly comport with congress design to reserve interlocutory review for exceptional eases while generally retaining for the federal courts a firm final judgment rule internal quotations omitted holding that 28 usc  1331 does not constitute a waiver of sovereign immunity holding that 28 usc  1257 does not permit interlocutory federal review of allegedly selective prosecution holding that where jurisdiction was based on 28 usc  2201 venue was determined as per 28 usc  1391 holding that the bankruptcy courts discoveryrelated order was interlocutory and not subject to review pursuant to the requirements of 28 usc  158a3