Mikhel
United States v. Mikhel
Opinion
Lead Opinion
MEMORANDUM **
1. On interlocutory appeal, we have jurisdiction to hear claims of denial of privilege. United States v. Griffin, 440 F.3d 1138, 1141-42 (9th Cir.2006). Denial of a motion to suppress, however, is not an appealable final order. Carroll v. United States, 354 U.S. 394, 405 , 77 S.Ct. 1332 , 1 L.Ed.2d 1442 (1957); United States v. Becker, 929 F.2d 442, 444 (9th Cir.1991). Our jurisdiction to hear Mikhel’s claim regarding privilege cannot breathe life into his suppression claim. Cf. United States v. Woodson, 490 F.2d 1282, 1283 (9th Cir. 1973) (no jurisdiction to hear suppression claim, when coupled with otherwise reviewable motion to return property, because motion was “not so unrelated to a criminal proceeding as to be independent of that proceeding”). We thus lack jurisdiction over Mikhel’s appeal, insofar as he challenges the district court’s suppression ruling. See 28 U.S.C. § 1291 .
2. “The joint defense privilege is an extension of the attorney-client privilege.” United States v. Henke, 222 F.3d 633, 637 (9th Cir.2000) (per curiam). The privilege normally shields communications between co-defendants and their attorneys. See Waller v. Financial Corp. of Am., 828…