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U.S. v. WEYHRAUCH

No. 07-30339.

544 F.3d 969 (2008)

UNITED STATES of America, Plaintiff-Appellant, v. Bruce WEYHRAUCH, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

September 8, 2008.

Attorney(s) appearing for the Case

James A. Goeke, Esquire, Office of the U.S. Attorney, Anchorage, AK, Nicholas A. Marsh, Esquire, U.S. Dept. of Justice, Washington, DC, for Plaintiffs-Appellants.

Ray Richard Brown, Esquire, Dillon & Findley, P.C., Douglas Pope, Esquire, Pope & Katcher, Anchorage, AK, for Defendants-Appellees.

Before: D.W. NELSON, A. WALLACE TASHIMA and RAYMOND C. FISHER, Circuit Judges.

ORDER

PER CURIAM.

The government initiated this interlocutory appeal after the district court granted a pretrial motion excluding certain evidence from a mail fraud prosecution. Because the government has failed to establish that this interlocutory appeal has been properly certified under 18 U.S.C. § 3731, we issue this third and final order for the government to show cause why this appeal should not be dismissed for lack of jurisdiction.

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