People of Territory of Guam v. Lefever, No. 71-2380.
| Court | United States Courts of Appeals. United States Court of Appeals (9th Circuit) |
| Writing for the Court | PER CURIAM |
| Citation | 454 F.2d 270 |
| Decision Date | 10 January 1972 |
| Docket Number | No. 71-2380. |
| Parties | The PEOPLE OF the TERRITORY OF GUAM, Plaintiff-Appellee, v. John A. LEFEVER, Defendant-Appellant. |
454 F.2d 270 (1972)
The PEOPLE OF the TERRITORY OF GUAM, Plaintiff-Appellee,
v.
John A. LEFEVER, Defendant-Appellant.
No. 71-2380.
United States Court of Appeals, Ninth Circuit.
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.
Before BROWNING, WRIGHT and KILKENNY, Circuit Judges.
PER CURIAM:
John Lefever was indicted 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.
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People of Territory of Guam v. Kingsbury, No. 79-1585
...the Guam superior court is properly considered by this court after conviction and appeal to the Guam district court. In Guam v. Lefever, 454 F.2d 270 (9th Cir. 1972) (per curiam), we held that the refusal of the Guam district court to dismiss an indictment based on the appellant's allegatio......
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U.S. v. Young, No. 75-3102
...denial of a motion to dismiss an indictment is not a final order within the meaning of the statute People of Territory of Guam v. Lefever,454 F.2d 270 (9th Cir. 1972); Kyle v. United States, 211 F.2d 912 (9th Cir. 1954). Thus, were it not for appellant's claim of double jeopardy, this case ......
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the Special April 1977 Grand Jury, Matter of, No. 78-1834
...however, are not appealable. E. g., United States v. Doucet, 5 Cir. 1972, 461 F.2d 1095; People of Guam v. Lefever, 9 Cir. 1972, 454 F.2d 270; United States v. Garber, 2 Cir. 1969, 413 F.2d 284. Nor would Scott have a reasonable opportunity to raise his grievance after trial, should a crimi......
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People of the Territory of Guam v. Quezada, Nos. 89-10259
...States v. Hollywood Motor Car Co., 458 U.S. 263, 264, 102 S.Ct. 3081, 3082, 73 L.Ed.2d 754 (1982) (per curiam); see also Guam v. Lefever, 454 F.2d 270, 270 (9th Cir.1972) (denial of motion for dismissal of an indictment on the ground that the juvenile court had jurisdiction is not a final a......
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People of Territory of Guam v. Kingsbury, No. 79-1585
...the Guam superior court is properly considered by this court after conviction and appeal to the Guam district court. In Guam v. Lefever, 454 F.2d 270 (9th Cir. 1972) (per curiam), we held that the refusal of the Guam district court to dismiss an indictment based on the appellant's allegatio......
-
U.S. v. Young, No. 75-3102
...denial of a motion to dismiss an indictment is not a final order within the meaning of the statute People of Territory of Guam v. Lefever,454 F.2d 270 (9th Cir. 1972); Kyle v. United States, 211 F.2d 912 (9th Cir. 1954). Thus, were it not for appellant's claim of double jeopardy, this case ......
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the Special April 1977 Grand Jury, Matter of, No. 78-1834
...however, are not appealable. E. g., United States v. Doucet, 5 Cir. 1972, 461 F.2d 1095; People of Guam v. Lefever, 9 Cir. 1972, 454 F.2d 270; United States v. Garber, 2 Cir. 1969, 413 F.2d 284. Nor would Scott have a reasonable opportunity to raise his grievance after trial, should a crimi......
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People of the Territory of Guam v. Quezada, Nos. 89-10259
...States v. Hollywood Motor Car Co., 458 U.S. 263, 264, 102 S.Ct. 3081, 3082, 73 L.Ed.2d 754 (1982) (per curiam); see also Guam v. Lefever, 454 F.2d 270, 270 (9th Cir.1972) (denial of motion for dismissal of an indictment on the ground that the juvenile court had jurisdiction is not a final a......