United States v. Jesse Arzate

UNITED STATES of America, Plaintiff-Appellee, v. Jesse ARZATE, Defendant-Appellant

United States v. Arzate, 545 F.2d 481 (5th Cir. 1977)

Court: Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided: January 14, 1977
Docket: No. 76-1511
Judges: Godbold, Hill, Fay
Citations: 545 F.2d 481

Opinion — Per Curiam

PER CURIAM:

Jesse Arzate was convicted of conspiracy to distribute heroin. We affirmed his conviction and sentence without opinion.

U. S. v. Arzate, 5 Cir. 1974, 505 F.2d 733 . Thereafter, Arzate filed a motion for new trial in the district court alleging perjured testimony by a government witness at his trial. After a hearing, the district court granted the motion for a new trial. On February 9, 1976, the scheduled date of the new trial, the government moved to dismiss the indictment. Arzate opposed the motion, contending he should be granted a judgment of acquittal. The district court permitted the dismissal, and Arzate now attempts to appeal.

Rule 48(a), Fed.R.Crim.P., allows the government to dismiss an indictment, with leave of court, at any time prior to trial. After trial begins, the government’s dismissal motion can be granted only with the defendant’s consent. In this case trial had not begun, so the defendant’s consent was not required.

The order granting the government’s pretrial motion to dismiss the indictment is not a final order and is therefore not appealable.

Parr v. U. S., 5 Cir. 1955, 225 F.2d 329 , affirmed, 351 U.S. 513 , 76 S.Ct. 912 , 100 L.Ed. 1377 (1956); 28 U.S.C. § 1291 . Without a final order or an otherwise appealable decision, we do not have jurisdiction to hear this appeal. It is DISMISSED.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 9 cases

View all citing references →

Relies on it most ⓘ

United States v. Brazel102 F.3d 1120 (11th Cir. 1997)
Petty v. State800 S.W.2d 582 (Tex. App.—Tyler 1990)
State v. Miyazaki645 P.2d 1340 (Haw. 1982)
United States of America v. Robert Dibernardo, Theodore Rothstein775 F.2d 1470 (11th Cir. 1985)
United States v. Don Martin, Doma Corporation and Caprock Services Company682 F.2d 506 (5th Cir. 1982)
United States v. Ada Lee Kelley849 F.2d 1395 (11th Cir. 1988)

Most recent

Casey Ray Escobar v. the State of TexasNo. 04-21-00182-CR (Tex. App.—San Antonio July 6, 2021)
46 Fed. R. Evid. Serv. 240, 10 Fla. L. Weekly Fed. C 621 United States of America v. Ralph E102 F.3d 1120 (11th Cir. 1997)
United States v. Brazel102 F.3d 1120 (11th Cir. 1997)
Petty v. State800 S.W.2d 582 (Tex. App.—Tyler 1990)
United States v. Ada Lee Kelley849 F.2d 1395 (11th Cir. 1988)
United States v. John Day806 F.2d 1240 (5th Cir. 1986)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

Depth	Case	Cited by
	Parr v. United States, 351 U.S. 513 (1956)	291
	Parr v. United States, 225 F.2d 329 (5th Cir. 1955)	9
	D U. S. v. Arzate, 505 F.2d 733 (5th Cir. 1974)	1

`/`	Focus the search box
`j` `k`	Next / previous result
`Enter`	Open the selected result
`x`	Add / remove the selected result from the download list
`n` `p`	Next / previous search term in a case
`c`	Copy the citation of the current case
`+` `−`	Larger / smaller reading text
`?`	Show this list