United States v. Jesus Leyva-Villalobos
This text of 872 F.2d 335 (United States v. Jesus Leyva-Villalobos) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
On January 24, 1989, the district court denied appellant’s motion to dismiss the indictment and disqualify the special Assistant United States Attorney, finding that neither Fed.R.Crim.P. 6(d) nor 6(e) had been violated. On January 24, 1989, appellant filed a timely interlocutory appeal under United States v. Benjamin, 812 F.2d 548 (9th Cir.), reh’g and reh’g en banc denied (1987).
On March 28, 1989, the Supreme Court held that an order denying a motion to dismiss an indictment for an alleged violation of Fed.R.Crim.P. 6(e) is not immediately appealable under 28 U.S.C. § 1291. Midland Asphalt Corp. v. United States, — U.S. -, 109 S.Ct. 1494, 103 L.Ed.2d 879. Consequently, this appeal is dismissed for lack of jurisdiction.
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Cite This Page — Counsel Stack
872 F.2d 335, 1989 U.S. App. LEXIS 5427, 1989 WL 38386, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-jesus-leyva-villalobos-ca9-1989.