United States v. Nader Modanlo

Appeals dismissed by published opinion. Judge KING wrote the opinion, in which Judge THACKER and Senior Judge DAVIS joined.

KING, Circuit Judge:

We are required to decide whether a criminal defendant can, by less than extraordinary means, divest the district court of jurisdiction in the middle of his trial and command that the ongoing proceedings be suspended. Twenty days after his trial had begun, before the prosecution had finished presenting its evidence, Nader Mo-danlo filed a notice of appeal of the court’s written order denying his motion to dismiss one of the eleven charges against him…