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U.S. v. Garcia-Aguilar

United States Court of Appeals, Ninth Circuit
Aug 6, 2008
286 F. App'x 517 (9th Cir. 2008)

Opinion

No. 06-50659.

Argued and Submitted October 17, 2007.

Filed August 6, 2008.

Roger W. Haines, Jr., Timothy F. Salel, Jonathan I. Shapiro, Office of the U.S. Attorney, San Diego, CA, for Plaintiff-Appellee.

John C. Lemon, David J. Zugman, San Diego, CA, for Defendant-Appellant.

Appeal from the United States District Court for the Southern District of California, Larry A. Burns, District Judge, Presiding. D.C. No. CR-06-00678-LAB.

Before: KOZINSKI, Chief Judge, McKEOWN, Circuit Judge, and JONES, District Judge.

The Honorable Robert E. Jones, Senior U.S. District Judge for the District of Oregon, sitting by designation.


MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.


Defendant is challenging the district court's refusal to accept his guilty plea. But that ruling can't be appealed directly because final judgment hasn't been entered against defendant. See 28 U.S.C. § 1291. In this situation, a petition for a writ of mandamus is the proper course. See In re Vasqwz-Ramirez, 443 F.3d 692, 700-01 (9th Cir. 2006). This appeal is therefore dismissed.

DISMISSED.


Summaries of

U.S. v. Garcia-Aguilar

United States Court of Appeals, Ninth Circuit
Aug 6, 2008
286 F. App'x 517 (9th Cir. 2008)
Case details for

U.S. v. Garcia-Aguilar

Case Details

Full title:UNITED STATES of America, Plaintiff-Appellee, v. Guillermo GARCIA-AGUILAR…

Court:United States Court of Appeals, Ninth Circuit

Date published: Aug 6, 2008

Citations

286 F. App'x 517 (9th Cir. 2008)