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U.S. v. GUERRERO

No. 11-10577.

693 F.3d 990 (2012)

UNITED STATES of America, Plaintiff-Appellee, Joseph Cabrera Sablan, Appellee-Intervenor, v. James Ninete Leon GUERRERO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 31, 2012.

Attorney(s) appearing for the Case

Iris Roe Lee and Richard Glenn Novak , Law Offices of Richard G. Novak, Encino, CA, for the appellant.

Tivon Schardl , Federal Public Defender's Office, Sacramento, CA, for the appellee-intervenor.

Dawrence Wayne Rice, Jr. and Elana Landau , Office of the United States Attorney, Fresno, CA, and Bonnie Hannan , Department of Justice, Washington, DC, for the appellee.

Opinion by Judge MURGUIA; Dissent by Judge REINHARDT.

OPINION

MURGUIA, Circuit Judge:

Defendant-Appellant James Ninete Leon Guerrero and his co-defendant Jose Cabrera Sablan are charged with the murder of a United States correctional officer. The Government has filed a notice of intent to seek the death penalty. This is an interlocutory appeal of the district court's order denying Guerrero's motion to seal his pretrial competency proceedings and related filings. We conclude that we do not have jurisdiction...

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