United States v. Francisco Mejia-Cendejas, Aka: Francisco Mejia Cendejas

59 F.3d 177 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Francisco MEJIA-CENDEJAS, aka: Francisco Mejia Cendejas, Defendant-Appellant. No. 94-50523. United States Court of Appeals, Ninth Circuit. Submitted June 22, 1995. * Decided June 28, 1995. Before: WALLACE, Chief Judge, FARRIS and KLEINFELD, Circuit Judges. MEMORANDUM 1 This case is back before us following our remand to the district court for the limited purpose of having that court determine whether the government's Rule 48(a) motion should have been granted. United States v. Mejia-Cendejas, No. 93-50191 (filed June 21, 1994) (memorandum disposition). We have jurisdiction over this timely appeal pursuant to 28 U.S.C. Sec. 1291 and 18 U.S.C. Sec. 3742 . 2 In limited circumstances, "a district court under Rule 48(a) has discretion to deny a government's dismissal motion if that motion is prompted by considerations clearly contrary to the public interest ... or if the…