United States v. Miguel Lavenant

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JAN 23 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, Nos. 15-50307
15-50501
Plaintiff-Appellee,
D.C. No. 3:12-mj-01645-WVG-
v. LAB
MIGUEL ANGEL LAVENANT,
MEMORANDUM*
Defendant-Appellant.
Appeal from the United States District Court
for the Southern District of California
Larry A. Burns, District Judge, Presiding
Submitted January 18, 2017**
Before: TROTT, TASHIMA, and CALLAHAN, Circuit Judges.
In these consolidated appeals, Miguel Angel Lavenant appeals pro se from
two district court orders. In Appeal No. 15-50307, we affirm. In Appeal No. 15-
50501, we dismiss.
In Appeal No. 15-50307, Lavenant appeals the district court’s order
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
rejecting for filing his Federal Rule of Criminal Procedure 41(g) motion for return
of property. The district court did not abuse its discretion by rejecting the motion
for failing to comply in several respects with the Southern District of California’s
Local Rules. See United States v. Heller, 551 F.3d 1108, 1111 (9th Cir. 2009)
(only in rare cases will this court question the district court’s exercise of discretion
in applying local rules). Lavenant’s arguments concerning the merits of his
motion are, therefore, not properly before this court.
In Appeal No. 15-50501, Lavenant appeals the district court’s order denying
his appeal of the magistrate’s order rejecting his motion to quash an indictment in
the District of Delaware. As the government contends, we lack jurisdiction to
review the propriety of an indictment issued in the District of Delaware. See 28
U.S.C. § 1294. Accordingly, we grant the government’s motion to dismiss this
appeal.
Appeal No. 15-50307: AFFIRMED; Appeal No. 15-50501: DISMISSED.
2 15-50307 & 15-50501