USA v. Daniel Nicherie, No. 09-50305 (9th Cir. 2010)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS SEP 07 2010 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 09-50305 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.

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