United States v. Louie Lomonaco

37 F.3d 1507 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Louie LOMONACO, Defendant-Appellant. No. 94-10041. United States Court of Appeals, Ninth Circuit. Submitted Sept. 12, 1994. * Decided Sept. 21, 1994. 1 Before: FARRIS, BEEZER, Circuit Judges, and McLAUGHLIN, District Judge. ** 2 MEMORANDUM *** 3 Louie Lomonaco pleaded guilty to dealing in firearms without a license in violation of 18 U.S.C. Sec. 922 (a)(1)(A). He argues that because the grand jury did not return his indictment in open court, the district court lacked jurisdiction. We dismiss his appeal. 4 Lomonaco's objections to the indictment raise questions of law, which we review de novo. United States v. Montilla, 870 F.2d 549, 551 (9th Cir.1989), amended, 907 F.2d 115 (9th Cir.1990). 5 The grand jury returned the indictment to a magistrate judge when the court was in closed session. Federal Rule of Criminal Procedure 6(f) states that "[t]he indictment shall…