Larson

*168 MEMORANDUM **

Joshua Larson (“Larson”) appeals the district court’s order dismissing his conviction for receipt of child pornography without prejudice, contending that the district court should have instead dismissed his conviction with prejudice. He also challenges his conviction for possession of child pornography, in violation of 18 U.S.C. § 2252A(a)(5)(B).

We do not have jurisdiction over Larson’s challenge to the district court’s dismissal of the receipt conviction because it is not ripe for review. “Ripeness is more than a mere procedural question; it is determinative of jurisdiction. If a claim is unripe, federal courts lack subject matter jurisdiction and the complaint must be dismissed.” S. Pac. Transp. Co. v. City of Los Angeles, 922 F.2d 498 , 502 (9th Cir.1990). We determine “if a case is ripe for review by evaluating whether (1) the issues are fit for judicial decision, and (2) the parties will suffer hardship if we withhold decision.” United States v. Lazarenko, 476 F.3d 642, 652 (9th Cir.2007).

Declining to review the district court’s dismissal order imposes no hardship on Larson. Because we affirm Larson’s possession conviction, the Double Jeopardy Clause…