NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT FEB 06 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
UNITED STATES OF AMERICA, No. 13-10655
Plaintiff - Appellant, D.C. No. 2:12-cr-01660-JAT-1
v.
ORDER*
JOHN ROWLAND MILLS,
Defendant - Appellee.
Appeal from the United States District Court
for the District of Arizona
James A. Teilborg, Senior District Judge, Presiding
Submitted February 4, 2015**
San Francisco California
Before: TALLMAN and RAWLINSON, Circuit Judges, and MURPHY, District
Judge.***
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
***
The Honorable Stephen Joseph Murphy III, District Judge for the U.S.
District Court for the Eastern District of Michigan, sitting by designation.
A federal jury found John Rowland Mills guilty of nine counts of violating 18
U.S.C. § 1343 (2012), the federal wire fraud statute. The district court granted
Mills’s motion for judgment of acquittal on eight of the nine counts, but affirmed
as to one count, count fifteen. We address Mills’s appeal in a separate
memorandum disposition filed contemporaneously with this order.
The government initially filed a cross-appeal, but later withdrew it: “While
the United States disagrees with the district court’s ruling, it has chosen not to
challenge the result in the interest of judicial economy and the strength of its
argument presented herein.” Letter from John S. Leonardo, AUSA, to Molly
Dwyer, Clerk of the Court (Aug. 13, 2014), ECF No. 24. We therefore dismiss the
government’s cross-appeal.
This order shall serve as the mandate of the court.
DISMISSED.