Citation Codes Equivalent Citations citation codes Docket Number Nos. 01-50472, 01-50543. Advocates Miriam A. Krinsky and Becky S. Walker, Assistant United States Attorneys, Los Angeles, California, for the plaintiff-appellant. Maria E. Stratton, Federal Public Defender, James H. Locklin, Deputy Federal Public Defender, Los Angeles, California, for defendant-appellee Stoll. William J. Genego, Esq., Santa Monica, California, for defendant-appellee Kim. Judges John T. Noonan Kim McLane Wardlaw Marsha Siegel Berzon See more information ... Smart Summary Please sign up to generate summary. OPINION UNITED STATES of America, Plaintiff-Appellant, v. Jae Gab KIM, Defendant-Appellee. United States of America, Plaintiff-Appellant, ORDER The opinion filed on August 5, 2002 is amended as follows: Slip Opinion, p. 11152, ¶ 3, Eliminate the entire paragraph and replace as follows: We do note that the Rules say that they "do not extend or limit the jurisdiction of the courts of appeals." Fed.R.App.P. 1(b). We also note that, although we have said in dicta that § 3731 was not jurisdictional, United States v. Humphries, 636 F.2d 1172, 1177 (9th Cir. 1980), we are not bound by this dicta and now agree with the Tenth Circuit that the statute is jurisdictional, United States v. Sasser, 971 F.2d 470, 473 (10th Cir. 1972). Although the Sasser court went on to find a conflict between Rule 4(b) and § 3731 the conflict asserted here is a different one. We are reluctant to read the Rules, carefully crafted as they are, to have made an illegal expansion of our jurisdiction. Rather, we read Fed.R.App.P. 4(b)(1)(B)(i) to make precise the meaning in this context of "rendered" in § 3731. We hold that, in the light of the Rule, a judgment is rendered when there is entry of the judgment on the docket. Accordingly, the government's appeals in these two cases were timely.