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UNITED STATES v. RIVERO-NUNEZ

No. 79-3058.

605 F.2d 152 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Oscar RIVERO-NUNEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 11, 1979.

Attorney(s) appearing for the Case

Alan S. Ross, Jeffrey S. Weiner, Miami, Fla., for defendant-appellant.

Jeffrey H. Kay, Asst. U. S. Atty., Miami, Fla., for plaintiff-appellee.

Before AINSWORTH, GODBOLD and VANCE, Circuit Judges.

PER CURIAM:

Appellant Rivero-Nunez seeks to appeal from an order of the district court staying an order of the Magistrate in a F.R.Crim.P. Rule 40(b) matter. The Magistrate had ordered a hearing on defendant's claim that his presence in the district had been unlawfully secured.

A removal order is not an appealable order. U. S. v. McCray, 458 F.2d 389 (CA9, 1972), cert. denied, 409 U.S. 865, 93 S.Ct. 158, 34 L...

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