United States v. David Rossman

David Rossman appeals the district court’s denial of his motion to dismiss as time barred an indictment charging him with making a false statement on an application for an Airman Medical Certificate in violation of 18 U.S.C. § 1001 . Rossman claims the district court erred by failing to count the day on which he committed the offense in calculating the five-year limitations period. We lack jurisdiction to evaluate this claim, and we dismiss the appeal.

28 U.S.C. § 1291 grants the federal courts of appeals jurisdiction to review “all final decisions of the district courts.” With few exceptions, “interlocutory appeals are not favored.” United States v. Mehrmanesh, 652 F.2d 766, 768 (9th Cir.1980). Abney v. United States, 431 U.S. 651, 656 , 97 S.Ct. 2034, 2038 , 52 L.Ed.2d 651 (1977), established that an interlocutory order warrants immediate appeal when: (1) the order constitutes a complete and final rejection by the district court of the claim the order addresses; (2) the claim is collateral to and separable from the issue of the defendant’s guilt; and (3) the right asserted by the claim would be irreparably lost if appellate review were delayed until after final judgment. United…