United States v. Daniel Nicherie

FILED
NOT FOR PUBLICATION SEP 07 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 09-50305
Plaintiff - Appellee, D.C. No. 2:04-cr-00354-DSF-1
v.
MEMORANDUM*
DANIEL NICHERIE, AKA Seal A,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
Dale S. Fischer, District Judge, Presiding
Submitted August 30, 2010**
Pasadena, California
Before: KOZINSKI, Chief Judge, O’SCANNLAIN and GOULD, Circuit
Judges.
The district court never issued a ruling on Nicherie’s request for the funds
held in the attorney client trust accounts and the bail bond. Until it does, the matter
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
page 2
is still pending before the district court and we have no jurisdiction. See 28 U.S.C.
§ 1291 (granting “jurisdiction of appeals from all final decisions of the district
courts”); Jacobsen v. U.S. Postal Serv., 993 F.2d 649, 662 (9th Cir. 1992).
DISMISSED.