United States v. Layton

Ninth Circuit Court of Appeals

Submitted April 20, 1981.

Decided April 22, 1981.

Ninth Circuit Court of Appeals · decided 1981-04-22

Cited by 5 later decisions — most recently February 1982

5 federal appellate ·

2 counsel of record

Relies on 509 F. Supp. 212 - United States v. Layton · United States v. Martin

Good law ✅— No negative treatment on recordhow we know

Decided 1981-04-22

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¶1Frank 0. Bell, Asst. Federal Public Defender, San Francisco, Cal., Tony Tamburel-lo, San Francisco, Cal., for defendant-appellant.

¶2Robert Dondero, Asst. U. S. Atty., San Francisco, Cal., for plaintiff-appellee.

¶3Before WRIGHT, KENNEDY and FAR-RIS, Circuit Judges.

¶4Appellant seeks interlocutory review of the district court’s order denying his challenge to venue in that court, 509 F.Supp. 212. The Government, relying on United States v. Martin, 620 F.2d 237, 238-39 (10th cir.), cert. denied sub nom. Stipe v. United States, - U.S. -, 101 S.Ct. 248, 66 L.Ed.2d 116 (1980), has moved to dismiss the appeal for lack of jurisdiction. The appellant has responded, and he agrees that the order appealed from is not subject to interlocutory review.

¶5We adopt the reasoning of Martin and grant the Government’s motion to dismiss for lack of jurisdiction.

¶6The mandate shall issue forthwith.