¶1See 73 S.Ct 796.
¶2Foley & Foley, Las Vegas, Nev., for appellant.
¶3Chauncey Tramutolo, U. S. Atty., Joseph Karesh and Robert F. Peckham, Asst. *499U. S. Attys., San Francisco, Cal., for appellee.
¶4Before HEALY, BONE, and ORR, Circuit Judges.
¶6This is a motion to dismiss an appeal from an order or warrant of removal issued pursuant to Rule 40(b) (3) of the Federal Rules of Criminal Procedure, 18 U.S. C.A., providing for removal in cases where the prosecution is 'by indictment. We have recently held in Meltzer v. United States, 9 Cir., 188 F.2d 916, that an order of removal in such cases is not appealable. In any event, in light of the mandatory provision of the Rule referred to, the appeal is frivolous and is subject to dismissal on that ground.
¶7The appeal is accordingly dismissed.