USA v. Brian Dempsey, Sr.
| UNITED STATES OF AMERICA |
| BRIAN ARTHUR DEMPSEY, Sr. |
| 21-10290 |
| October 8, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 3 Filed clerk order (Deputy Clerk: KH): A review of the record suggests that this court may lack jurisdiction over the appeal because the district courts denial of appellants motion to dismiss the indictment is not appealable as a final judgment or an order that comes within the collateral order doctrine. See 28 U.S.C. 1291; Midland Asphalt Corp. v. United States, 489 U.S. 794, 798 (1989) (in criminal cases, finality requirement generally prohibits appellate review until after conviction and imposition of sentence). Within 21 days of this order, appellant must move for voluntary dismissal of the appeal or show cause why it should not be dismissed for lack of jurisdiction. If appellant moves for voluntary dismissal, the motion must be accompanied by appellants written consent or counsels explanation why appellants consent was not obtained. See 9th Cir. R. 27-9.1. If appellant elects to show cause, appellee may file a response within 10 days after service of appellants memorandum. If appellant does not comply with this order, the appeal may be dismissed for failure to prosecute. See 9th Cir. R. 42-1. Briefing is suspended pending further order of the court. [12282584] (AF) [Entered: 11/09/2021 11:12 AM] |
| Filing 2 Criminal Justice Act electronic voucher created. (Counsel: Daniel Olmos for Brian Arthur Dempsey, Sr.) [12260138] (TG) [Entered: 10/18/2021 02:24 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. Reporters Transcript required: Yes. Sentence imposed: n/a. Transcript ordered by 10/26/2021. Transcript due 11/26/2021. Appellant briefs and excerpts due by 01/04/2022 for Brian Arthur Dempsey Sr.. Appellee brief due 02/03/2022 for United States of America. Appellant's optional reply brief is due 21 days after service of the answering brief. [12252028] (JPD) [Entered: 10/08/2021 11:12 AM] |
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| Plaintiff / appellee: UNITED STATES OF AMERICA | |
| Represented By: | Heiko P. Coppola |
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| Defendant / appellant: BRIAN ARTHUR DEMPSEY, Sr. | |
| Represented By: | Daniel Olmos |
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