Opinion
No. 14-10377
06-26-2015
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. RODNEY JOSEPH, Jr., Defendant - Appellant.
NOT FOR PUBLICATION
D.C. No. 1:06-cr-00080-SOM MEMORANDUM Appeal from the United States District Court for the District of Hawaii
Susan Oki Mollway, Chief Judge, Presiding
Before: HAWKINS, GRABER, and W. FLETCHER, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Rodney Joseph, Jr., appeals pro se from the district court's order denying his request to "not join" in his co-defendant's withdrawal of his motions for a new trial. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Joseph argues that the district court erred by treating his joinder in his co-defendant's motions for a new trial as withdrawn upon his co-defendant's withdrawal of the motions. The district court treated Joseph's joinder as withdrawn under District of Hawaii Local Rule 7.9, which states: "Unless otherwise ordered by the court, whenever an underlying motion is withdrawn, any joinders are also treated as withdrawn." We review the district court's application of its local rules for abuse of discretion. See United States v. Heller, 551 F.3d 1108, 1111 (9th Cir. 2009). Contrary to Joseph's contention, the district court did not abuse its discretion by treating his joinder as withdrawn. See id. (only in rare cases will this court question the district court's exercise of discretion in applying local rules).
AFFIRMED.