United States v. Kevin Hawkins

MEMORANDUM

A jury convicted Kevin “Ket” Hawkins of one count of witness tampering, but deadlocked on five sex-offense counts. The district court has not yet sentenced Hawkins on the witness-tampering count or retried him on the five sex-offense counts. Hawkins now appeals from district court orders denying (1) his motion for a new trial on the witness-tampering count, (2) his motion to dismiss the five sex-offense counts, and (8) his motion for release pending sentencing on the witness-tampering count and release pending trial on the five sex-offense counts. We dismiss in part and affirm in part.

We dismiss Hawkins’s appeal from the district, court’s denial of his motion for a new trial. There is no final judgment against Hawkins. See Flanagan v. United States, 465 U.S. 259, 263 , 104 S.Ct. 1051 , 79 L.Ed.2d 288 (1984). Because Hawkins’s self-representation claim is reviewable after a final judgment, see id. at 267-68 , 104 S.Ct. 1051 , the collateral order doctrine does not apply, see United States v. Hitchcock, 992 F.2d 236, 238 (9th Cir.1993). Thus, we lack jurisdiction over this appeal.

We have jurisdiction over Hawkins’s appeal from the district court’s denial of his…