United States v. Patrick Holsworth ( 2010 )

FILED
NOT FOR PUBLICATION FEB 25 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 09-30162
Plaintiff - Appellee, D.C. No. 2:88-cr-00243-MJP
v.
MEMORANDUM *
PATRICK JEROME HOLSWORTH,
Defendant - Appellant.
Appeal from the United States District Court
for the Western District of Washington
Marsha J. Pechman, District Judge, Presiding
Argued and Submitted February 5, 2010
Seattle, Washington
Before: ALARCÓN, W. FLETCHER and RAWLINSON, Circuit Judges.
Patrick Jerome Holsworth (Holsworth) appeals the district court’s denial of
his motion to prevent exercise of jurisdiction by the United States Parole
Commission over him.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
Holsworth asserted that the district court had jurisdiction over his motion
pursuant to Rule 47 of the Federal Rules of Criminal Procedure. Rule 47,
however, is procedural in nature and does not provide a basis for jurisdiction in
federal court. See Fed. R. Crim. P. 47. Because the district court lacked
jurisdiction, it lacked authority to address the merits of Holsworth’s motion. See
Mayfield v. United States, 588 F.3d 1252, 1258 (9th Cir. 2009).
VACATED AND REMANDED FOR DISMISSAL.
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