when the first indictment was dismissed, the defendant has failed to state a colorable double jeopardy claim.” Id. Double jeopardy “does not come into play until a proceeding begins before a trier having jurisdiction to try the question of the guilt or innocence of the accused.” Serfass v. United States, 420 U.S. 377, 391, 95 S.Ct. 1055, 43 L.Ed.2d 265 (1975) (omitting internal citation). This court has held that “[j]eopardy attaches to a prosecution when the jury is empaneled and sworn or, in a nonjury case, when the court begins to hear evidence.” Bailey, 34 F.3d at 687. The four counts in the 2010 indictment were dismissed before a jury was empaneled. Jeopardy did not attach during any of the pretrial proceedings. See United States v. Lasater, 535 F.2d 1041, 1047 (8th Cir. 1976) (<HOLDING>), abrogated in part by Gaudin, 515 U.S. at 523,
holding that bankruptcy court possessed jurisdiction to enter money judgment in noncore proceeding against third party holding that in a noncore proceeding a bankruptcy court may enter final orders with the consent of all the parties to the proceeding holding jeopardy had not attached because the district court was without power to enter a judgment of conviction in a pretrial proceeding holding that trial court may arrest judgment on conviction for possession with intent to deliver and enter judgment of guilt on simple possession holding that it was error for a district court to enter   judgment as a matter of law solely on the basis of inconsistent verdicts