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.
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.