United States Ninth Circuit

In a criminal prosecution alleging that defendant made a false statement to the SEC, defendant's appeal from two orders by the district court rejecting his plea bargain is dismissed for lack of jurisdiction where: 1) a plea-rejection order was not completely separate from the merits; and 2) the plea-rejection order was effectively reviewable on appeal from a final judgment.

Appellate Information

• Decided 09/24/2009
• Published 09/24/2009

Judges

• GOULD, Circuit Judge:, Before: FERDINAND F. FERNANDEZ and RONALD M. GOULD, Circuit Judges, and MORRISON C. ENGLAND, JR., District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Gordon A. Greenberg, McDermott Will & Emery, LLP, Los Angeles, CA, for the defendant-appellant., George S. Cardona (argued) and Robb Adkins, Assistant United States Attorneys, and Thomas P. O'Brien, United States Attorney, Los Angeles, CA, for the plaintiff-appellee.