United States v. Dukes

Full title: UNITED STATES, Plaintiff-Appellee, v. MARVIN A. DUKES, Defendant-Appellant.

Court: United States Court of Appeals for the Federal Circuit

Date published: Sep 2, 2011

No. 2011-1513 (Fed. Cir. Sep. 2, 2011)

Opinion

2011-1513

09-02-2011

UNITED STATES, Plaintiff-Appellee, v. MARVIN A. DUKES, Defendant-Appellant.

PER CURIAM

NOTE: This order is nonprecedential.

Appeal from the United States District Court for the Eastern District of Kentucky in case no. 10-CR-0078, Judge Danny C. Reeves.

Before LOURIE, MOORE, and REYNA, Circuit Judges. PER CURIAM.

ORDER

The court considers whether this appeal should be dismissed for lack of jurisdiction.

Marvin A. Dukes appeals from the judgment of the United States District Court for the Eastern District of Kentucky in this criminal matter. Dukes filed his notice of appeal in the district court that expressly sought review by the Court of Appeals for the Sixth Circuit. Instead, the district court transmitted the notice of appeal to this court. This court is a court of limited jurisdiction, which does not include criminal cases. 28 U.S.C. § 1295. The court notes that upon docketing, Marvin's appeal was transmitted to the Sixth Circuit, docketed by that court, and is proceeding before that court.

Accordingly,

IT IS ORDERED THAT:

(1) The appeal is dismissed.

(2) Each side shall bear its own costs.

For The Court

Jan Horbaly.

Clerk

cc: Anthony J. Bracke, Esq.

Marvin A. Dukes

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