United States v. Pius Aileman, United States of America v. Pius Aileman, Sidney Gladney, and Robert Tinney

97 F.3d 1461 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Pius AILEMAN, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellant, v. Pius AILEMAN, Sidney Gladney, and Robert Tinney, Defendants-Appellees. No. 95-10233, 95-10244. United States Court of Appeals, Ninth Circuit. Argued and Submission Deferred May 14, 1996. Submitted July 1, 1996. Decided Sept. 16, 1996. 1 Before: T.G. NELSON and TASHIMA, Circuit Judges, and BURNS, * District Judge. 2 MEMORANDUM ** 3 The government appeals the district court's order dismissing 41 counts of a 42 count criminal indictment against Pius Aileman, Sidney Gladney, and Robert Tinney (No. 95-10244). Aileman appeals the district court's order denying his motion to dismiss the remaining count (No. 95-10233). 4 We have jurisdiction in 95-10244 under 18 U.S.C. § 3731 and 28 U.S.C. § 1291 . We have jurisdiction in 95-10233 to hear an interlocutory appeal from the denial…