U.S. Court of Appeals for the Ninth Circuit, 1989

United States v. Ernest Bernard Moore

U.S. Court of Appeals for the Ninth Circuit · Decided July 3, 1989 · Browning, Thompson, Leavy

878 F.2d 331; 1989 U.S. App. LEXIS 9502; 1989 WL 71812 (Federal Reporter, Second Series)

Counsel

Ernest Bernard Moore, Pro. Per., Federal Correctional Institution, Terminal Island, Cal., for defendant-appellant., Rudolfo Orjales, Asst. U.S. Atty., San Francisco, Cal., for plaintiff-appellee.

Cases that cite this one

7 later published cases cite this decision.

United States v. Michael Mays (9th Cir. 2005)
United States v. Mays (9th Cir. 2005)
United States v. Ellen Swenson (9th Cir. 2020)
RL BB ACQ II-GA Harp, LLC v. John E. Ramsey (11th Cir. 2014)
Crystallex International Corp v. Bolivarian Republic of Venezue (3d Cir. 2022)
United States v. Andrew Parker (5th Cir. 2019)
Wheeler v. Thomas F. White & Co., Inc. (9th Cir. 2002)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM.

Ernest Moore appeals a district court order denying his motion to quash a writ of execution. We dismiss for lack of jurisdiction.

On January 23, 1987, Moore pleaded guilty to two counts of fraudulently using credit cards, in violation of 18 U.S.C. § 1029(a)(2). The district court sentenced Moore to eight years in custody and five years of probation. The court also ordered Moore to pay restitution in the amount of $62,864.82 as directed by the Probation Department. The final judgment was entered May 12, 1987.

The United States Attorney’s office then obtained a writ of execution and a memorandum of garnishment to collect on the court-ordered restitution. On March 13, 1989, Moore filed a motion to discharge or quash the writ. The district court denied the motion on April 20,1989. Moore filed a timely notice of appeal from that denial.

In Steccone v. Morse-Starrett Products Co., 191 F.2d 197, 199 (9th Cir. 1951), this court held that the denial of a motion to quash a writ of execution is not an appeal-able order. The court noted that the order did not finally dispose of an entire controversy between the parties. Id. In reaching this decision, we relied on Loeber v. Schroeder, 149 U.S. 580, 13 S.Ct. 934, 37 L.Ed. 856 (1893), in which the United States Supreme Court held “the [rjefusal to quash a writ is not a final judgment.” Id. at 585, 13 S.Ct. at 936. Under Loeber and Steccone, this court lacks jurisdiction over Moore’s appeal. Accordingly, we dismiss the appeal.

APPEAL DISMISSED.

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