U.S. v. Alvarez-Alvarez, 18-mj-23337-KSC-BAS. (2019)
Court: District Court, N.D. California
Number: infdco20190329c17
Visitors: 8
Filed: Mar. 28, 2019
Latest Update: Mar. 28, 2019
Summary: ORDER GRANTING JOINT MOTION TO STAY CASE [ECF No. 16] CYNTHIA BASHANT , District Judge . Defendant Francisco Alvarez-Alvarez appeals his misdemeanor conviction for illegal entry under 8 U.S.C. 1325. (ECF No. 11.) See also 18 U.S.C. 3402; Fed. R. Crim. P. 58(g)(2)(B). Presently before the Court is the parties' joint motion to stay the appeal pending the Ninth Circuit's consideration of appeals involving the same arguments that that Defendant intends to raise in his appeal. (ECF No. 16
Summary: ORDER GRANTING JOINT MOTION TO STAY CASE [ECF No. 16] CYNTHIA BASHANT , District Judge . Defendant Francisco Alvarez-Alvarez appeals his misdemeanor conviction for illegal entry under 8 U.S.C. 1325. (ECF No. 11.) See also 18 U.S.C. 3402; Fed. R. Crim. P. 58(g)(2)(B). Presently before the Court is the parties' joint motion to stay the appeal pending the Ninth Circuit's consideration of appeals involving the same arguments that that Defendant intends to raise in his appeal. (ECF No. 16...
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ORDER GRANTING JOINT MOTION TO STAY CASE
[ECF No. 16]
CYNTHIA BASHANT, District Judge.
Defendant Francisco Alvarez-Alvarez appeals his misdemeanor conviction for illegal entry under 8 U.S.C. § 1325. (ECF No. 11.) See also 18 U.S.C. § 3402; Fed. R. Crim. P. 58(g)(2)(B). Presently before the Court is the parties' joint motion to stay the appeal pending the Ninth Circuit's consideration of appeals involving the same arguments that that Defendant intends to raise in his appeal. (ECF No. 16.) Good cause appearing, the Court GRANTS the joint motion. See, e.g., Clinton v. Jones, 520 U.S. 681, 706 (1997) ("The District Court has broad discretion to stay proceedings as an incident to its power to control its own docket."). The Court STAYS the appeal. The Court also ORDERS that the parties shall file a request to lift the stay or other appropriate motion within seven days of a final decision from the Ninth Circuit.
IT IS SO ORDERED.
Source: Leagle
