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U. S. v. LAYTON

No. 81-1111.

645 F.2d 681 (1981)

UNITED STATES of America, Plaintiff/Appellee, v. Laurence John LAYTON, Defendant/Appellant.

United States Court of Appeals, Ninth Circuit.

Decided May 5, 1981.

Attorney(s) appearing for the Case

James F. Hewitt, Federal Public Defender, San Francisco, Cal., for defendant-appellant.

Sanford Svetcov, Asst. U. S. Atty., San Francisco, Cal., for plaintiff-appellee.

Before WALLACE, FLETCHER and NORRIS, Circuit Judges.

NORRIS, Circuit Judge:

Layton appeals the District Court's order, 509 F.Supp. 212 (N.D.Cal. 1981), denying his motion to dismiss the indictment for lack of subject matter jurisdiction. We dismiss the appeal for lack of a final judgment within the meaning of 28 U.S.C. § 1291.

I.

On October 9, 1980, Layton was indicted by a federal grand jury in the Northern District of California. The indictment contained...

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