United States v. Arteaga-Centeno

CHARLES R. BREYER, United States District Judge

At a hearing on February 1, 2019, the Government orally moved for reconsideration of this Court's Order Granting Defendant's Motion to Dismiss. Dkt. 47; see Order (Dkt. 35). However, the Government agreed with the Defendant that because the Government had already filed a Notice of Appeal as to that Order, see Notice of Appeal (Dkt. 40), this Court lacks jurisdiction over such a motion. Def. Res. (Dkt. 46). The Government thus also seeks an order under Federal Rule of Criminal Procedure 37(a). See Dkt. 47.

Under the Ninth Circuit's recent opinion…