THE PEOPLE OF THE TERRITORY OF GUAM, PLAINTIFF-APPELLEE,
v.
JOHN A. LEFEVER, DEFENDANT-APPELLANT

9th Cir. | 1972-01-10
No. 71-2380
454 F.2d 270 United States Court of Appeals for the Ninth Circuit (1972) Caution
Cited by 16 cases

Opinion of the Court
PER CURIAM:

PER CURIAM:

John Lefever was indicted on three counts of second degree burglary. He moved to dismiss the indictment on the ground that the juvenile courts of Guam had exclusive jurisdiction over him. The district court denied the motion and Lefever immediately brought this appeal.

The decision to deny a motion for dismissal of an indictment is not a final order within the meaning of 28 U.S.C. § 1291. This court has no jurisdiction to rule upon Lefever’s argument at this time. United States v. Garber, 413 F. 2d 284 (2d Cir. 1969); Snodgrass v. United States, 326 F. 2d 409 (8th Cir. 1964); Hoffa v. Gray, 323 F. 2d 178 (6th Cir. 1963). The district court’s action may be fully reviewed by this court if and when Lefever is convicted and sentenced.

The appeal is dismissed.


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