Opinion
Criminal Action No. 10-41-JMH.
December 1, 2010
OPINION
Defendant Capozzi has filed a Notice of Appeal [DE 101], dated December 1, 2010. This Court is divested of jurisdiction to act with respect to matters related to the merits of his appeal during its pendency. Fort Gratiot Sanitary Landfill, Inc. v. Mich. Dep't of Natural Res., 71 F.3d 1197, 1203 (6th Cir. 1995). Because of the nature of the issues raised in Defendant's interlocutory appeal, the possibility of a jury trial is foreclosed until such time as the matter on appeal is decided.
Accordingly, IT IS ORDERED that the jury trial set in this matter on December 21, 2010, is CONTINUED GENERALLY. The time period while this matter is on appeal is considered excludable under the provisions of the Speedy Trial Act, 18 U.S.C. § 3161(h)(1)(C).
This the 1st day of December, 2010.