United States v. Edward McCray

Ninth Circuit

United States v. Edward McCray

458 F.2d 389, 1972 U.S. App. LEXIS 10195

Court of Appeals for the Ninth Circuit·Decided April 10, 1972·No. 71-2155·Published·Cited by 4 cases

Opinion

PER CURIAM:

The appeal is dismissed because there is no jurisdiction in this court for the appeal.

McCray escaped from the federal penitentiary at Leavenworth, Kansas. Found in Oregon, he was removed to Kansas. He sought to have his removal from Oregon to Kansas set aside.

Direct appeal does not in the pre-trial stage apply to federal removal proceedings. Binion v. United States, 9 Cir., 201 F.2d 498, cert. denied 345 U.S. 935. Also, there is a prohibition in 28 U.S.C. § 2253 of such a review.

It is doubtful if there was any jurisdiction in the district court to review (after McCray was back in Kansas) the commissioner’s prior approval of the removal. But that is not our problem.

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PER CURIAM:

The appeal is dismissed because there is no jurisdiction in this court for the appeal.

McCray escaped from the federal penitentiary at Leavenworth, Kansas. Found in Oregon, he was removed to Kansas. He sought to have his removal from Oregon to Kansas set aside.

Direct appeal does not in the pre-trial stage apply to federal removal proceedings. Binion v. United States, 9 Cir., 201 F.2d 498, cert. denied 345 U.S. 935. Also, there is a prohibition in 28 U.S.C. § 2253 of such a review.

It is doubtful if there was any jurisdiction in the district court to review (after McCray was back in Kansas) the commissioner’s prior approval of the removal. But that is not our problem.

United States v. Edward McCray, 458 F.2d 389, 1972 U.S. App. LEXIS 10195 (9th Cir. 1972).

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Opinion

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