Opinion
This panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2). Accordingly, appellant's request for oral argument is denied.
NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)
U.S. Attorney, USSD--Office of the U.S. Attorney, San Diego, CA, for Plaintiff-Appellee.
David L. Schwarz, Kellogg Huber Hansen Todd & Evans, PLLC, Washington, DC, for Defendant-Appellant.
Appeal from the United States District Court for the Southern District of California, Thomas J. Whelan, District Judge, Presiding. D.C. No. CR-04-02605-TJW.
Before: B. FLETCHER, TROTT, and CALLAHAN, Circuit Judges.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
Stephen Parker Gardner appeals the district court's denial of his pre-trial motion
Page 695.
for release of seized assets. Because we lack jurisdiction, we dismiss.
Our jurisdiction is generally limited to "final decisions of the district courts." 28 U.S.C. § 1291. Appellant is, in essence, seeking mandamus to compel the district court to hold a hearing to which he is not entitled. See United States v. Consiglio, 866 F.2d 310, 311 (9th Cir.1989).
DISMISSED.