United States v. Phillip Selfa

ORDER

Defendant Phillip Selfa was indicted for bank robbery in violation of 18 U.S.C. § 2113 (a). He appeals the district court’s denial of his motion to dismiss the indictment for vindictive prosecution. We lack jurisdiction to consider his appeal because the denial of a motion to dismiss an indictment for vindictive prosecution is neither a “final decision” of the district court under 28 U.S.C. § 1291 nor a collateral order subject to interlocutory review. See United States v. Hollywood Motor Car Co., 458 U.S. 263, 264-70 , 102 S.Ct. 3081 , 73 L.Ed.2d 754 (1982) (per curiam) (“We do not reach the question of prosecutorial vindictiveness, for we hold that the Court of Appeals was without jurisdiction under 28 U.S.C. § 1291 to review the District Court’s interlocutory order refusing to dismiss the indictment.”); United States v. McKinley, 38 F.3d 428, 431 (9th Cir.1994) (dismissing for lack of jurisdiction the interlocutory appeal of a denial of a motion to dismiss an indictment for prosecutorial vindictiveness).

DISMISSED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.