People of Territory of Guam v. Lefever, 71-2380.

CourtUnited States Courts of Appeals. United States Court of Appeals (9th Circuit)
Citation454 F.2d 270
Docket NumberNo. 71-2380.,71-2380.
PartiesThe PEOPLE OF the TERRITORY OF GUAM, Plaintiff-Appellee, v. John A. LEFEVER, Defendant-Appellant.
Decision Date10 January 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.

To continue reading

Request your trial
8 cases
  • People of Territory of Guam v. Kingsbury
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • 29 Junio 1981
    ...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 allegation th......
  • U.S. v. Young
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • 19 Octubre 1976
    ...rule the 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, t......
  • the Special April 1977 Grand Jury, Matter of
    • United States
    • U.S. Court of Appeals — Seventh Circuit
    • 8 Diciembre 1978
    ...motions to quash indictments, 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 grievan......
  • People of the Territory of Guam v. Quezada, s. 89-10259
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • 7 Febrero 1990
    ...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 appealab......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT