In US v. Wampler, No. 09-6229, a wire fraud prosecution, the court dismissed defendants' appeal from the denial of their motion to dismiss the indictment where defendants' prior, unconsummated plea agreement did not confer jurisdiction on the court to entertain an interlocutory appeal.
As the court wrote: "The defendants argue that an unconsummated plea agreement between their former corporate employer and the government bars their current prosecution and upcoming trial. Despite this, the district court held the defendants must stand trial. So unless we hear their appeal now, the defendants worry, their "right not to be tried" under the terms of the plea agreement will be lost forever. But whatever else the plea agreement may do, one thing it doesn't do is confer jurisdiction on this court to entertain an interlocutory appeal."