United States v. Dukes

NOTE: This order is nonprecedential.
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UNITED STATES,
Plaintiff·Appellee,
v.
MARVIN A. DUKES,
Defendant.Appellant.
2011·1513
Appeal from the United States District Court for the
Eastern District of Kentucky in case no. 1O·CR·0078,
Judge Danny C. Reeves.
Before LOURIE, MOORE, and REYNA, Circuit Judges.
PER CURIAM.
ORDER
The court considers whether this appeal should be
dismissed for lack of jurisdiction.
Marvin A. Dukes appeals from the judgment of the
United States District Court for the Eastern District of
Kentucky in this criminal matter. Dukes filed his notice
of appeal in the district court that expressly sought reo
view by the Court of Appeals for the Sixth Circuit. In·
stead, the district court transmitted the notice of appeal

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USv.DUKES 2
to this court. This court is a court of limited jurisdiction,
which does not include criminal cases. 28 U.S.C. § 1295.
The court notes that upon docketing, Marvin's appeal was
transmitted to the Sixth Circuit, docketed by that court,
and is proceeding before that court.
Accordingly,
IT Is ORDERED THAT:
(1) The appeal is dismissed.
(2) Each side shall bear its own costs.
SEP 02 2011
Date
cc: Anthony J. Bracke, Esq.
Marvin A. Dukes
s19
FOR THE COURT
/s/ Jan Horbaly
Jan Horbaly.
Clerk
Fllli::J
U.S. COIl;rr OF APPEALS FOR
THE FEDERAl. CIRCUIT
SEP 02 2011
JANHDRBALY
ClERK

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