Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

. In relevant part, § 3731 states:

An appeal by the United States shall lie to a court of appeals from a decision or order of a district court suppressing or excluding evidence or requiring the return of seized property in a criminal proceeding, not made after the defendant has been put in jeopardy and before the verdict or finding on an indictment or information, if the United States attorney certifies to the district court that the appeal is not taken for purpose of delay ánd that the evidence is a substantial proof of a fact material in the proceeding.

. This interlocutory appeal was brought by the United States on the grounds that it "could not proceed to trial without this evidence.” Appellant Br. at 3. Thus, it appears that the indictment and the case are still pending. We leave it to the parties and to the district court on remand to take such further action as is appropriate.