United States v. Bradley Dierking

MEMORANDUM

The government appeals the district court’s order granting Bradley Dierk-ing’s motion to suppress his confession. We have jurisdiction under 18 U.S.C. § 3731 . In accordance with that provision, the government certified that this appeal was not taken for purpose of delay and that the evidence suppressed constituted substantial proof of a fact material to the proceeding. The certification was signed by an Assistant United States Attorney as “Acting United States Attorney.” Because someone other than the United States Attorney signed the certificate, it should have been accompanied by documentation establishing that person’s authority to sign on behalf of the United States Attorney. United States v. Wallace, 218 F.3d 1216 , 1219 (9th Cir.2000).

The government’s noncompliance with the certification requirement does not deprive the court of jurisdiction. United States v. Gantt, 194 F.3d 987, 997 (9th Cir.1999). The government has supplemented the record with documentation proving that the AUSA had authority to sign on behalf of the United States Attorney at the time he filed the notice of appeal. “[Tjhough the government’s oversight has led to a considerable waste of…