United States v. William Joel Dempsey

5 F.3d 541 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. William Joel DEMPSEY, Defendant-Appellant. No. 93-10121. United States Court of Appeals, Ninth Circuit. Submitted Aug. 23, 1993. * Decided Sept. 3, 1993. Before: PREGERSON, BRUNETTI, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 William Joel Dempsey appeals the district court's order dismissing, without prejudice, an indictment under the Speedy Trial Act (STA), 18 U.S.C. Sec. 3161 (b). Dempsey was charged with escape from a correctional institution in violation of 18 U.S.C. Sec. 751 . Dempsey contends the district court erred by dismissing the indictment without prejudice, rather than with prejudice, under the STA. We dismiss the appeal for lack of jurisdiction. 3 A district court's order dismissing an indictment, without prejudice, under the STA is not appealable prior to final judgment. Cf. United States v. Ford, 961 F.2d 150, 151 (9th Cir.1992) (per curiam) (order…