and 07-2523 UNITED STATES OF AMERICA v. Michael McKinnon

*Honorable Eugene E. Siler, Jr., Senior Circuit Judge for the United States Court
of Appeals for the Sixth Circuit, sitting by designation.
NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
___________
Nos. 07-2290 and 07-2523
___________
UNITED STATES OF AMERICA
v.
MICHAEL MCKINNON
Appellant
___________
On Appeal from the United States District Court
for the Middle District of Pennsylvania
(D.C. Criminal No. 03-cr-00251)
District Judge: The Honorable Sylvia H. Rambo
___________
Submitted Under Third Circuit LAR 34.1(a)
OCTOBER 31, 2008
BEFORE: McKEE, NYGAARD, and SILER, Circuit Judges.*

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(Filed: December 4, 2008)
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OPINION OF THE COURT
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NYGAARD, Circuit Judge.
This consolidated appeal arises from the dismissal of three pro se motions filed by
McKinnon. The first two motions are the subject of the appeal at case number 07-2290,
and the third is the subject of the appeal at case number 07-2523. McKinnon filed these
pro se motions in the District Court while his direct appeal at case number 05-5314 was
pending before us. The District Court dismissed the three motions in these two cases
because it lacked jurisdiction. The filing of a notice of appeal removes a case from the
District Court and places it under our jurisdiction. The District Court was correct.
Because the District Court lacked jurisdiction, the dismissal was correct and typically
would be affirmed. Because, however, the matter is before us in McKinnon’s other
appeal, we will simply dismiss these two.

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