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Date: 10-08-2021
Case Style:
United States of America v. JAMES A. MCKEIGHAN
Case Number: 07-3192
Judge: Entered for the Court
PER CURIAM
Before HENRY, O’BRIEN, and GORSUCH, Circuit Judges
Court: UNITED STATES COURT OF APPEALS
FOR THE TENTH CIRCUIT
Plaintiff's Attorney: United States Attorney’s Office
Defendant's Attorney:
Description:
Denver, CO - Criminal defense lawyer represented defendant with appealing adverse rulings of the magistrate judge.
Defendant James McKeighan seeks to appeal adverse rulings of the
magistrate judge on his motions to reconsider the imposition of pretrial detention
or, alternatively, to modify the conditions of his pretrial detention. By order
entered August 28, 2007, we directed defendant to show cause why this appeal
should not be dismissed for lack of appellate jurisdiction because the rulings he
seeks to appeal are not final and appealable orders. See 18 U.S.C. § 3145(c)
(providing that appeal from decision denying revocation or amendment of
detention order is governed by 28 U.S.C. § 1291); United States v. Harrison,
396 F.3d 1280, 1281 (2d Cir. 2005) (per curiam) (dismissing appeal from
magistrate judge’s detention order for lack of jurisdiction). Neither defendant nor
his counsel has responded to the order to show cause.
Outcome: We conclude that we lack jurisdiction over this appeal and it must be
dismissed. Defendant’s counsel has filed a motion to withdraw. As a preliminary
matter, we appoint him for these proceedings under the Criminal Justice Act,
18 U.S.C. § 3006A, and direct the Clerk to forward to him the necessary voucher
materials. Because we are dismissing this appeal, however, counsel’s pending
motion to withdraw is DENIED as moot. The appeal is DISMISSED for lack of
jurisdiction.
Plaintiff's Experts:
Defendant's Experts:
Comments: