The People of the Territory of Guam v. Jimmy J. Quezada, the People of the Territory of Guam v. Jimmy J. Quezada, and Howard Trapp

Jimmy J. Quezada appeals from the order of the Appellate Division of the United States District Court for the District of Guam that dismissed his interlocutory appeal from the Superior Court of Guam for lack of jurisdiction. The Appellate Division found that the Superior Court’s denial of Quezada’s motion to dismiss his indictment because it was “unsupported by any evidence” was not a final judgment and thus not immediately appealable. Quezada’s counsel, Howard Trapp, appeals from sanctions imposed against Trapp by the Appellate Division for filing a frivolous appeal. The government argues that this appeal is also frivolous and requests that we impose further sanctions against Trapp. We affirm in part and vacate and remand in part.

A Guam territorial grand jury indicted Quezada for burglary and attempted criminal sexual misconduct in the first degree. He moved to dismiss the indictment, arguing that the grand jury was not presented with any evidence connecting him to the offenses. Quezada maintained that, although the grand jury heard testimony that his nine-year old victim described him accurately to the police and identified him as “Jimmy,” her next-door neighbor, the grand…