United States v. Andrew Sandeen

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 22-10003

Plaintiff-Appellee, D.C. No. 1:19-cr-00167- v. JAO-

ANDREW SANDEEN,

OPINION

Defendant-Appellant.

Appeal from the United States District Court for the District of Hawaii Jill Otake, District Judge, Presiding

Submitted June 14, 2024 * Honolulu, Hawaii

Filed June 27, 2024

Before: Consuelo M. Callahan, Andrew D. Hurwitz, and Holly A. Thomas, Circuit Judges.

Opinion by Judge Hurwitz

* The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). SUMMARY **

Criminal Law

The panel dismissed an appeal to the extent it attacked the superseding indictment, and affirmed the judgment in all other respects in a case in which Andrew Sandeen’s plea agreement reserved the right to appeal the denial of his suppression motions but otherwise waived the right to appeal his conviction and sentence. The central issue was whether the return of an indictment by an expired grand jury is a jurisdictional defect that may be…