United States v. Juan Gabriel Rios-Silva

• Court: Court of Appeals for the Eleventh Circuit
• Decided: October 15, 2024
• Docket: 24-12969
• Status: Unpublished

Opinion

USCA11 Case: 24-12969 Document: 9-1 Date Filed: 10/15/2024 Page: 1 of 3

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

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No. 24-12969 Non-Argument Calendar ____________________

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JUAN GABRIEL RIOS-SILVA, a.k.a. Juancho, a.k.a. Juan, a.k.a. Papi,

Defendant-Appellant.

____________________ USCA11 Case: 24-12969 Document: 9-1 Date Filed: 10/15/2024 Page: 2 of 3

2 Opinion of the Court 24-12969

Appeal from the United States District Court for the Middle District of Florida D.C. Docket No. 8:21-cr-00286-JSM-NHA-1 ____________________

Before WILSON, ROSENBAUM, and JILL PRYOR, Circuit Judges. PER CURIAM: This appeal is DISMISSED, sua sponte, for lack of jurisdic- tion. Juan Gabriel Rios-Silva appeals from the district court’s Sep- tember 5, 2024, order denying his motion to dismiss the supersed- ing indictment on speedy trial grounds. We lack jurisdiction over this appeal because the court’s September 5 order rejecting Rios-Silva’s speedy trial claim is not final or otherwise appealable. See 28 U.S.C. § 1291; Flanagan v. United States, 465 U.S. 259, 263 (1984) (explaining that the rule of finality generally “prohibits appellate review until conviction and imposition of sentence”); United States v. MacDonald, 435 U.S. 850, 857 & n.6 (1978) (holding that an order rejecting a defendant’s speedy trial claim is not final and does not fall under the collateral order doctrine no matter how “extraordinary” the factual circum- stances underlying the claim); United States v. Mulherin, 710 F.2d 731, 743 (11th Cir. 1983) (holding that three appellants’ claims that indictment should be dismissed for failure to comply with the Speedy Trial Act were “outside the scope of an interlocutory ap- peal”); United States v. Harris, 376 F.3d 1282, 1288-90 (11th Cir. 2004) USCA11 Case: 24-12969 Document: 9-1 Date Filed: 10/15/2024 Page: 3 of 3

24-12969 Opinion of the Court 3

(reviewing a Speedy Trial Act claim on appeal from a final judg- ment). No petition for rehearing may be filed unless it complies with the timing and other requirements of 11th Cir. R. 40-3 and all other applicable rules.