United States v. David Rossman, 940 F.2d 535 (9th Cir. 1991). · Go Syfert
United States v. David Rossman, 940 F.2d 535 (9th Cir. 1991). Cases Citing This Book View Copy Cite
16 citation events (10 in the last 25 years) across 4 distinct courts.
Strongest positive: Marine Terminals Corporation v. Director, Office of Worker's Compensation Programs (ca9, 2024-07-15)
Top citers, strongest first. 9 distinct citers. How cited ↗
discussed Cited as authority (rule) Marine Terminals Corporation v. Director, Office of Worker's Compensation Programs
9th Cir. · 2024 · confidence medium
United States v. Rossman, 940 F.2d 535, 536 (9th Cir. 1991); see also Est. of Kennedy v. Bell Helicopter Textron, Inc., 283 F.3d 1107, 1111 (9th Cir. 2002) (“It is well-established that interlocutory appeals are not available to address statute of limitations issues because a statute of limitations does not give rise to a right not to stand trial, but rather creates a safeguard against unfair 2 verdicts from delinquent suits.”).
discussed Cited as authority (rule) State v. Higa
Haw. App. · 2022 · confidence medium
See U.S. v. Mandycz, 351 F.3d 222, 225-26 (6th Cir. 2003), cert. denied, 543 U.S. 816 (2004); U.S. v. Davis, 873 F.2d 900, 901, 908-09 (6th Cir. 1989), cert. denied, 493 U.S. 923 (1989); U.S. v. Weiss, 7 F.3d 1088, 1089-91 (2d Cir. 1993); U.S. v. Rossman, 940 F.2d 535, 536 (9th Cir. 1991); U.S. v. Levine, 658 F.2d 113 (3d Cir. 1981).
discussed Cited as authority (rule) Miranda B. v. Kitzhaber
9th Cir. · 2003 · confidence medium
Cf. Burns-Vidlak v. Chandler, 165 F.3d 1257, 1261 (9th Cir.1999) (holding that denial of defense to liability for punitive damages is not immediately appealable); United States v. Rossman, 940 F.2d 535, 536 (9th Cir.1991) (per curiam) (denial of motion to dismiss even though claim was time-barred is not appealable). 30 The State's argument that the claims are inextricably intertwined with its sovereign immunity fares no better.
discussed Cited as authority (rule) Miranda B. v. Kitzhaber
9th Cir. · 2003 · confidence medium
Cf. Bums-Vidlak v. Chandler, 165 F.3d 1257 , 1261 (9th Cir.1999) (holding that denial of defense to liability for punitive damages is not immediately appealable); United States v. Rossman, 940 F.2d 535, 536 (9th Cir.1991) (per curiam) (denial of motion to dismiss even though claim was time-barred is not ap-pealable).
discussed Cited as authority (rule) Estate of Robin Grant Kennedy v. Bell Helicopter Textron, Inc., and Garlick Helicopters, Inc. (2×)
9th Cir. · 2002 · confidence medium
United States v. Rossman, 940 F.2d 535, 536 (9th Cir.1991); see also Digital Equip.
discussed Cited as authority (rule) United States v. Garib-Bazain
1st Cir. · 2000 · confidence medium
See, e.g., United States v. Weiss, 7 F.3d 1088, 1089-90 (2d Cir.1993); United States v. Rossman, 940 F.2d 535, 536 (9th Cir.1991) (per curiam); United States v. Davis, 873 F.2d 900, 908-09 (6th Cir.1989) (cited in Pi, 174 F.3d at 750 ); United States v. Levine, 658 F.2d 113, 116-29 (3d Cir.1981).
examined Cited as authority (rule) Rex K. DeGEORGE, Petitioner, v. UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA, Respondent (3×) also: Cited "see"
9th Cir. · 2000 · confidence medium
We are guided in this issue *935 by United States v. Rossman, 940 F.2d 535, 536 (9th Cir.1991) (per curiam), which held that the denial of a motion to dismiss an indictment as time barred was not a final order appealable pursuant to 28 U.S.C. § 1291 , or an interlocutory order appropriate for immediate review pursuant to Abney v. United States, 431 U.S. 651, 656-58 , 97 S.Ct. 2034 , 52 L.Ed.2d 651 (1977).
cited Cited as authority (rule) United States v. Sholam Weiss
2d Cir. · 1993 · confidence medium
United States v. Rossman, 940 F.2d 535, 536 (9th Cir.1991).
cited Cited "see" United States v. Edward Eugene Allen
9th Cir. · 1993 · signal: see · confidence high
See United States v. Rossman, 940 F.2d 535, 536 (9th Cir.1991). 8 To the extent this notice of appeal can be construed as a petition for a writ of mandamus, the request is denied.
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
David ROSSMAN, Defendant-Appellant
90-30369.
Court of Appeals for the Ninth Circuit.
Aug 5, 1991.
940 F.2d 535
91 Cal. Daily Op. Serv. 6295
1991 U.S. App. LEXIS 17416
1991 WL 143853
Jonne E. Kohler, Nampa, Idaho, for defendant-appellant., Joanne P. Rodriguez, Asst. U.S. Atty., Boise, Idaho, for plaintiff-appellee.
Farris, Alarcon, Nelson.
Cited by 11 opinions  |  Published
[*536] PER CURIAM:

David Rossman appeals the district court’s denial of his motion to dismiss as time barred an indictment charging him with making a false statement on an application for an Airman Medical Certificate in violation of 18 U.S.C. § 1001. Rossman claims the district court erred by failing to count the day on which he committed the offense in calculating the five-year limitations period. We lack jurisdiction to evaluate this claim, and we dismiss the appeal.

28 U.S.C. § 1291 grants the federal courts of appeals jurisdiction to review “all final decisions of the district courts.” With few exceptions, “interlocutory appeals are not favored.” United States v. Mehrmanesh, 652 F.2d 766, 768 (9th Cir.1980). Abney v. United States, 431 U.S. 651, 656, 97 S.Ct. 2034, 2038, 52 L.Ed.2d 651 (1977), established that an interlocutory order warrants immediate appeal when: (1) the order constitutes a complete and final rejection by the district court of the claim the order addresses; (2) the claim is collateral to and separable from the issue of the defendant’s guilt; and (3) the right asserted by the claim would be irreparably lost if appellate review were delayed until after final judgment. United States v. Harper, 729 F.2d 1216, 1219-20 (9th Cir.1984); Mehrmanesh, 652 F.2d at 768.

The Supreme Court has approved interlocutory review where appeal was taken from: (1) a ruling that a plaintiff in a stockholder’s derivative action is not required to post security, see Cohen v. Beneficial Industrial Loan Corp., 337 U.S. 541, 545-47, 69 S.Ct. 1221, 1225-26, 93 L.Ed. 1528 (1949); (2) a pretrial order denying a motion to reduce bail, see Stack v. Boyle, 342 U.S. 1, 6, 72 S.Ct. 1, 4, 96 L.Ed. 3 (1951); (3) an order rejecting a defendant’s double jeopardy claim, see Abney, 431 U.S. at 662, 97 S.Ct. at 2041; and (4) an order denying a defendant’s claim based on the Speech and Debate Clause, see Helstoski v. Meanor, 442 U.S. 500, 99 S.Ct. 2445, 61 L.Ed.2d 30 (1979). In each case, the Court found that unless review were available before the defendant was exposed to trial, the right invoked would be substantially diluted. See United States v. Levine, 658 F.2d 113, 118 (3rd Cir.1981). For the same reason, we have approved interlocutory review of a claim that the separation of powers principle immunizes sitting federal judges from criminal prosecution. United States v. Claiborne, 727 F.2d 842 (9th Cir.), cert. denied, 469 U.S. 829, 105 S.Ct. 113, 83 L.Ed.2d 56 (1984).

The Third and Sixth Circuits, while acknowledging that the protections conferred by the Double Jeopardy Clause and statutes of limitations are facially similar, have squarely held that a statute of limitations claim does not satisfy the third requirement of Abney. Levine, 658 F.2d at 126; United States v. Davis, 873 F.2d 900, 908-09 (6th Cir.1989). We agree, and so hold. “[T]he limitations statute ... creates a safeguard against unfair convictions arising from delinquent prosecutions but does not entail a right to be free from trial [and therefore] the irreparable harm criterion ... justifying] immediate appealability cannot be met.” Levine, 658 F.2d at 126.

Accordingly, we lack jurisdiction to evaluate Rossman’s claim, and we dismiss the appeal.

DISMISSED.