Three federal prosecutions in Nevada can continue, but Sigal Chattah may not participate in or supervise them. A unanimous federal appeals court panel ruled that she was not validly serving as acting U.S. attorney under the appointment method used.
Key Facts
- The Ninth Circuit filed its published opinion on August 17, 2026.
- The ruling prevents Chattah from participating in or supervising three defendants’ prosecutions.
- The panel did not dismiss the indictments or decide whether any defendant was guilty.
- The underlying criminal cases may continue.
What changes in the three cases
The three-judge Ninth Circuit panel upheld an order disqualifying Chattah from the prosecutions of Devonte Devon Jackson, Giann Icob Salazar Del Real and Jorge Enriquez Jr.
The ruling changes who may take part in or oversee those prosecutions. It does not end the cases or erase the charges.
The defendants had asked for immediate review of the district court’s refusal to dismiss their indictments. The Ninth Circuit dismissed those cross-appeals because it lacked jurisdiction to decide that issue at this stage.
The panel therefore affirmed Chattah’s disqualification, dismissed the defendants’ immediate cross-appeals and did not terminate the prosecutions.
The ruling does not decide the defendants’ guilt or innocence. It also does not invalidate every action taken by federal prosecutors in Nevada.
Why the appointment method failed
The dispute concerned who may lead and supervise federal prosecutions when Nevada lacks a Senate-confirmed U.S. attorney. U.S. attorneys direct federal criminal cases and make important enforcement decisions within their districts.
The Federal Vacancies Reform Act sets rules for temporarily filling certain federal offices that normally require presidential appointment and Senate confirmation.
Chattah received a 120-day appointment as interim U.S. attorney beginning in April 2025. Shortly before that term expired, the attorney general designated her as first assistant and appointed her as a special attorney.
The attorney general asserted that the first-assistant designation allowed Chattah to become acting U.S. attorney automatically. But Chattah became first assistant after Nevada’s U.S.-attorney position was already vacant.
The panel held that automatic succession applies only to a first assistant who held that position when the vacancy began. It concluded that the later designation could not extend Chattah’s authority under the vacancy law.
The government’s alternative argument
The Justice Department argued that Chattah automatically became acting U.S. attorney when she was designated first assistant.
It alternatively argued that the attorney general could give her prosecutorial and supervisory authority under broader Justice Department delegation laws.
The court rejected that argument too. It held that general delegation laws cannot give one person every power of a vacant U.S.-attorney office.
The panel found that both government theories conflicted with the vacancy law’s limits on temporary service.
What remains unchanged
The indictments against Jackson, Salazar Del Real and Enriquez remain pending. Their underlying criminal cases may proceed without Chattah participating in or supervising the prosecutions.
President Donald Trump nominated George Kelesis for a four-year term as Nevada’s U.S. attorney on February 11, 2026. The official nomination record establishes that Kelesis was nominated, not that the Senate confirmed him.
Readers can find more general context in TheFirstFile’s guide to federal appeals and appellate review.
