United States v. Rodriguez, 19-20045
Decision Date | 23 November 2021 |
Docket Number | 19-20045 |
Parties | United States of America, Plaintiff-Appellant, v. Brenda Rodriguez, Defendant. |
Court | U.S. Court of Appeals — Fifth Circuit |
Appeal from the United States District Court for the Southern District of Texas USDC No. 4:17-CR-222-1
Before Elrod, Willett, and Oldham, Circuit Judges.
The United States brings this appeal under the collateral-order exception to 28 U.S.C. § 1291. See Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 546-47 (1949) ( ). The Government asks us to use the collateral-order doctrine to reverse the district court's order barring a particular Assistant United States Attorney from appearing in the case.
We apply the collateral-order doctrine "with the utmost strictness in criminal cases." United States v. Emakoji, 990 F.3d 885, 889 (5th Cir. 2021) (quotation omitted). As our court has explained multiple times, the Supreme Court has applied the doctrine to only three classes of criminal appeals-and we have rarely strayed beyond them. See, e.g., United States v. Valencia, 940 F.3d 181, 183 (5th Cir. 2021) ( ). This case is not one of the exceptions to § 1291 that the Supreme Court has recognized.
Accordingly, the appeal is DISMISSED. We express no view on the merits of the Government's arguments or the lawfulness of the district court's order. ---------
Notes:
[*] Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.
---------
To continue reading
Request your trial