Daniel

MEMORANDUM **

Defendant Larry Daniel appeals from the district court’s dismissal without prejudice of two no-bail bench warrants and Orders to Show Cause (“OSCs”). We dismiss the appeal for lack of appellate jurisdiction.

Daniel was serving a five-year term of supervised release set to expire on January 21, 2005. On August 20, 2004, the United States Probation Office filed petitions to revoke Daniel’s term of supervised release on the basis of allegations that he committed serious crimes in violation of the release terms. On August 24, 2004, the district court issued OSCs and two no-bail bench warrants. The warrants were executed in Las Vegas, Nevada, on November 3, 2004. Following a series of delays and continuances, a contested hearing was scheduled for January 18, 2005. At that time, the district court denied Daniel’s motion to dismiss the OSCs and warrants with prejudice. It granted the government’s motion to dismiss without prejudice, and promptly re-issued the OSCs and warrants, supported by the required oath and affirmation. These lawful warrants remained outstanding, pending the trial in state court on the criminal charges. Daniel was then taken into state custody for…