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367 F. App'x 809

United States v. Patrick Holsworth

U.S. Courts of Appeals

Decided February 25, 2010

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U.S. Courts of Appeals · decided 2010-02-25

Relies on Mayfield v. United States

Decided 2010-02-25

¶1 MEMORANDUM *

¶2 Patrick Jerome Holsworth (Holsworth) appeals the district court’s denial of his motion to prevent exercise of jurisdiction by the United States Parole Commission over him.

¶3*810 Holsworth asserted that the district court had jurisdiction over his motion pursuant to Rule 47 of the Federal Rules of Criminal Procedure. Rule 47, however, is procedural in nature and does not provide a basis for jurisdiction in federal court. See Fed.R.Crim.P. 47. Because the district court lacked jurisdiction, it lacked authority to address the merits of Hols-worth’s motion. See Mayfield v. United States, 588 F.3d 1252, 1258 (9th Cir.2009).

¶4 VACATED AND REMANDED FOR DISMISSAL.

*

¶5 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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