In a criminal prosecution against the co-founder of Broadcom alleging that defendant made a false statement to the SEC, defendant's appeal from two orders by the district court rejecting his plea bargain is dismissed for lack of jurisdiction where: 1) a plea-rejection order is not completely separate from the merits; and 2) the plea-rejection order was effectively reviewable on appeal from a final judgment.
Argued and Submitted September 2, 2009
Filed September 24, 2009
Opinion by Judge Gould
George S. Cardona, Robb Adkins, Assistant United States Attorneys, and Thomas P. O'Brien, United States Attorney, Los Angeles, California