United States v. Sabil Mujahid

MEMORANDUM

Alaska state prisoner Sabil Mumin Mu-jahid (“Mujahid”) appeals the district court’s dismissal of an indictment without prejudice, pursuant to Fed.R.Crim.P. 48(a). Mujahid contends that the district court abused its discretion in failing to dismiss the indictment with prejudice, pursuant to Fed.R.Crim.P. 48(b). We hold that Mujahid’s appeal must be dismissed for lack of jurisdiction.

Mujahid lacks standing to appeal the district court’s order because he was not aggrieved by the dismissal of the indictment pending against him. “Only one injured by the judgment sought to be reviewed can appeal, and ... petitioner has not been injured by termination in his favor.” Parr v. United States, 351 U.S. 513, 516-17 , 76 S.Ct. 912 , 100 L.Ed. 1377 (1956). Although Mujahid may be subject to further prosecution, this threat alone is insufficient to establish standing. Id. at 517 , 76 S.Ct. 912 .

Even if we had jurisdiction under 28 U.S.C. § 1291 we would deny Mujahid’s claim on the merits. A district court is “duty bound” to grant the government’s Rule 48(a) motion to dismiss an indictment without prejudice unless “it specifically determines that the government is operating in bad…