Summary
In Guam v. Lefever, 454 F.2d 270, 270 (9th Cir. 1972), this court held that an attack on certification after indictment (in the form of a motion to dismiss the indictment) was not reviewable because it was not sufficiently final.
Summary of this case from People of Territory of Guam v. QuinataOpinion
No. 71-2380.
January 10, 1972.
David S. Terlaje, of Terlaje Torres, Agana, Guam, for defendant-appellant.
Vincent T. Perez, Atty. Gen., George E. Lawler, Deputy Atty. Gen., Charles H. Troutman, Asst. Atty. Gen., Agana, Guam, for plaintiff-appellee.
Appeal from the District Court for the Territory of Guam.
Before BROWNING, WRIGHT and KILKENNY, Circuit Judges.
John Lefever was indicated on three counts of second degree burglary. He moved to dismiss the indictment on the ground that the juvenile courts of Guam had exclusive jurisdiction over him. The district court denied the motion and Lefever immediately brought this appeal.
The decision to deny a motion for dismissal of an indictment is not a final order within the meaning of 28 U.S.C. § 1291. This court has no jurisdiction to rule upon Lefever's argument at this time. United States v. Garber, 413 F.2d 284 (2d Cir. 1969); Snodgrass v. United States, 326 F.2d 409 (8th Cir. 1964); Hoffa v. Gray, 323 F.2d 178 (6th Cir. 1963). The district court's action may be fully reviewed by this court if and when Lefever is convicted and sentenced.
The appeal is dismissed.