United States v. Patrick Holsworth

367 F. App'x 809

• Court: Court of Appeals for the Ninth Circuit
• Decided: February 25, 2010
• Docket: 09-30162
• Status: Unpublished

Opinion

MEMORANDUM *

Patrick Jerome Holsworth (Holsworth) appeals the district court’s denial of his motion to prevent exercise of jurisdiction by the United States Parole Commission over him.

Holsworth asserted that the district court had jurisdiction over his motion pursuant to Rule 47 of the Federal Rules of Criminal Procedure. Rule 47, however, is procedural in nature and does not provide a basis for jurisdiction in federal court. See Fed.R.Crim.P. 47. Because the district court lacked jurisdiction, it lacked authority to address the merits of Hols-worth’s motion. See Mayfield v. United States, 588 F.3d 1252, 1258 (9th Cir.2009).

VACATED AND REMANDED FOR DISMISSAL.

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.