USA v. James Balagia
| JAMES MORRIS BALAGIA, also known as DWI Dude |
| UNITED STATES OF AMERICA |
| 19-40763 |
| September 5, 2019 |
| U.S. Court of Appeals, Fifth Circuit |
| Other |
Docket Report
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This docket was last retrieved on September 6, 2019. A more recent docket listing may be available from PACER.
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| COURT ORDER GRANTING appellee's opposed motion to dismiss the appeal [ # 9124613-2 ]. We lack jurisdiction under Flanagan v. United States, which holds that "a District Court's pretrial disqualification of defense counsel in a criminal prosecution is not immediately appealable under 28 U.S.C. Sect. 1291." 465 U.S. 259, 260 (1984). IT IS FURTHER ORDERED that appeal no. 19-40763 is DISMISSED as moot. IT IS FURTHER ORDERED that appellant's opposed motion for stay pending appeal is DENIED as moot [ # 9137197-2 ]. Mandate issue date is 09/30/2019. [19-40697, 19-40763] (CAG) [Entered: 09/06/2019 02:51 PM] |
| APPEARANCE FORM FILED by Attorney(s) Stephan Edward Oestreicher Jr. for party(s) Appellee USA, in case 19-40763 [19-40763] (CAS) [Entered: 09/06/2019 04:09 PM] |
| LETTER OF ADVISEMENT. Reason: advising counsel that at the Court's direction, the appeals have been consolidated. An updated caption is being sent [19-40697, 19-40763] (AS) [Entered: 09/06/2019 11:43 AM] |
| INITIAL CASE CHECK by Attorney Advisor complete, Action: Case OK to Process. [9138754-2] Initial AA Check Due satisfied.. Transcript order due on 09/23/2019 for Appellant James Morris Balagia [19-40763] (WMJ) [Entered: 09/06/2019 10:09 AM] |
| APPEARANCE FORM for the court's review. Lead Counsel? Yes. [19-40763] (Stephan Edward Oestreicher Jr.) [Entered: 09/06/2019 09:10 AM] |
| NON-DIRECT CRIMINAL CASE docketed. NOA filed by Appellant James Morris Balagia [19-40763] (WMJ) [Entered: 09/05/2019 09:34 AM] |
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| Defendant / appellant: JAMES MORRIS BALAGIA, also known as DWI Dude | |
| Represented By: | Daphne L. Silverman |
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| Plaintiff / appellee: UNITED STATES OF AMERICA | |
| Represented By: | Heather Harris Rattan Esq. |
| Represented By: | Stephan Edward Oestreicher Jr. |
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