U.S. v. Bergman

Full title: UNITED STATES OF AMERICA, Plaintiff, v. GWEN BERGMAN, Defendant

Court: United States District Court, D. Colorado

Date published: Aug 7, 2006

Criminal Action No. 04-cr-00180-WDM (D. Colo. Aug. 7, 2006)

Opinion

Criminal Action No. 04-cr-00180-WDM.

August 7, 2006

ORDER

WALKER MILLER, District Judge

This matter is before me on the defendant's Motion for Disclosure, Motion to Dismiss, Motion to Grant Defendant's Request for Documents and Motion to Vacate. This case is presently on appeal.

The filing of a notice of appeal is an event of jurisdictional significance — it confers jurisdiction on the Court of Appeals and divests the district court of its control over those aspects of the case involved in the appeal.

Griggs v. Provident Consumer Discount Co., 459 U.S. 56, 58 (1982). See also United States v. Johns, 638 F.2d 222, 224 and n. 3 (10^th Cir. 1981) (district court loses jurisdiction after appeal is filed).

Accordingly, the motions are denied for lack of jurisdiction.