United States v. Edward McCray

Ninth Circuit

United States v. Edward McCray

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

CourtCourt of Appeals for the Ninth Circuit

DecidedApril 10, 1972

Docket71-2155

StatusPublished

Cited by4 cases

This text of 458 F.2d 389 (United States v. Edward McCray) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

Pincite

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.

Free access — add to your briefcase to read the full text and ask questions with AI