United States of America, Plaintiff-appellee, v. John D. Todman, Defendant-appellant, 141 F.3d 1182 (9th Cir. 1998)

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US Court of Appeals for the Ninth Circuit - 141 F.3d 1182 (9th Cir. 1998) Submitted Feb. 9, 1998**.Decided Mar. 2, 1998

Appeal from the United States District Court for the District of Arizona Earl H. Carroll, District Judge, Presiding.

Before PREGERSON, CANBY, and LEAVY, Circuit Judges.

MEMORANDUM* 

John D. Todman appeals the district court's order granting the government's motion to withdraw from its plea agreement based on Todman's breach of the agreement. Because Todman has not yet moved to dismiss the pending indictment on double jeopardy grounds, there is no final decision in this case. See Abney v. United States, 431 U.S. 651, 662-63, 97 S. Ct. 2034, 52 L. Ed. 2d 651 (1977). Accordingly, we dismiss this appeal for lack of jurisdiction. See id.

DISMISSED.

 **

The panel unanimously finds this case suitable for decision without oral argument. See Fed. R. App. P. 34(a); 9th Cir. R. 34-4

 *

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3

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