Is the appeal a sure thing? In Fofana, they dropped the appeal (though they are trying to keep some other charges against him that they say don't require fruit of the posionous tree to prove-- I haven't checked how that one worked out, or if it has yet).
It depends. When the government loses a case, the SG doesn't automatically authorize an appeal. If the decision doesn't bind the government, or set a wide ranging precedent, they rarely will give an appeal the green light, because if we lose in the appellate arena, we could be worse off than if we just dropped the case at the district court level.