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U.S. v. CHAUDHRY

No. 09-10381.

630 F.3d 875 (2011)

UNITED STATES of America, Plaintiff-Appellant, v. Mohammad Yousuf CHAUDHRY, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 3, 2011.

Attorney(s) appearing for the Case

Kirstin M. Ault (argued) and Thomas G. Moore , Assistant U.S. Attorneys; San Francisco, CA; Kirby A. Heller ; United States Department of Justice; Washington, D.C.; for the appellant.

Gary K. Dubcoff ; San Francisco, California; for the appellee.

Before: J. CLIFFORD WALLACE and SIDNEY R. THOMAS, Circuit Judges, and RICHARD MILLS, Senior District Judge.

OPINION

THOMAS, Circuit Judge:

This appeal presents the question of whether we have appellate jurisdiction to review a district court's decision not to impose a provisional sentence until the defendant is competent to be sentenced. We conclude that we lack appellate jurisdiction and dismiss the appeal.

I

Mohammad Yousuf Chaudhry was convicted on sixteen counts related to tax fraud. He submitted an ex parte application to continue sentencing...

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