United States v. Mitchell S. Janik

10 F.3d 470, 1993 WL 484168
CourtCourt of Appeals for the Seventh Circuit
DecidedFebruary 4, 1994
Docket92-3881
StatusPublished
Cited by31 cases

This text of 10 F.3d 470 (United States v. Mitchell S. Janik) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh 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. Mitchell S. Janik, 10 F.3d 470, 1993 WL 484168 (7th Cir. 1994).

Opinions

BAUER, Circuit Judge.

In 1983, Mitchell Janik was convicted of the unlawful possession of two unregistered guns in violation of 26 U.S.C. § 5861(d). We reversed Janik’s conviction because the conviction was obtained in violation of the Speedy Trial Act, 18 U.S.C. §§ 3161 et seq. United States v. Janik, 723 F.2d 537 (7th Cir.1983). The case was remanded to the district court. On June 19, 1984, the district court dismissed the indictment without prejudice. Over eight years later, on July 29, 1992, Janik filed a motion for expungement of records in the district court. The district [471]*471court denied Janik’s motion. Janik appeals. We affirm.

I.

The facts surrounding Janik’s conviction are set out in our opinion in Janik and we will review only those relevant to Janik’s motion for expungement. In 1981, the police arrested Janik because they suspected that he possessed a stolen gun. The state brought charges against Janik, but later dropped them and did not prosecute him. The story, obviously, does not end there. On October 27, 1981, Janik was indicted on federal charges. The district court conducted a bench trial on January 18, 1988 and found Janik guilty. The court sentenced Janik to eight months in prison for possession of a submachine gun, five years probation, and a fine of $2,000 for possession of a sawed-off shotgun. We held that the district court committed reversible error when it denied Janik’s motion to dismiss the indictment for violation of the Speedy Trial Act. Janik, 723 F.2d at 549. We also held that there was enough evidence to convict Janik beyond a reasonable doubt of possessing the unregistered guns. Id. The government elected not to prosecute Janik again and the district court dismissed the indictment. Eight years later, Janik filed his motion for expungement, which the district court denied. 804 F.Supp. 1065.

II.

We must, as an initial matter, satisfy ourselves both of our own jurisdiction and the jurisdiction of the district court. Bender v. Williamsport Area Sch. Dist., 475 U.S. 534, 541, 106 S.Ct. 1326, 1331, 89 L.Ed.2d 501 (1986); Stearnes v. Baur’s Opera House, Inc., 3 F.3d 1142, 1144 (7th Cir.1993). Our jurisdiction is limited and is established by Article III of the Constitution and by statutes enacted by Congress pursuant to the Constitution. Bender, 475 U.S. at 541, 106 S.Ct. at 1331; Abercrombie v. Office of Comptroller of Currency, 833 F.2d 672, 674 (7th Cir.1987). Created by these written laws, federal courts, including ourselves, “disclaim all jurisdiction not given by the constitution or by the laws of the United States.” Ex Parte Bollman, 8 U.S. (4 Cranch) 75, 93, 2 L.Ed. 554 (1807).

We must ask, then, what provision of the Constitution or what statute gives us jurisdiction to decide this case? First, there is nothing in the Constitution that provides jurisdiction to grant or deny motions for ex-pungement. Certainly, the Constitution doe's not prohibit the government from maintaining what are admittedly accurate records of Janik’s indictment and conviction. Scruggs v. United States, 929 F.2d 305, 306 (7th Cir.1991).

What federal statute, then, authorizes ex-punction? In his jurisdictional statement, Janik cites 18 U.S.C. § 3231 as providing the district court with jurisdiction. Appellant’s Br. at 1. Section 3231 provides, in pertinent part, that “[t]he district courts of the United States shall have original jurisdiction, exclusive of the courts of the States, of all offenses against the laws of the United States.” 18 U.S.C. § 3231. The gist of Janik’s argument is that jurisdiction properly exists because the district court had jurisdiction over his underlying criminal case pursuant to Section 3231. That is too far a stretch for us to make.

Section 3231, as the statute itself plainly says, vests the district court with original jurisdiction over all offenses against the laws of the United States. United States v. Koliboski, 732 F.2d 1328, 1329 (7th Cir.1984). It does not vest federal district courts with authority to invade the Executive Branch of government, in particular the Attorney General and, through her, the FBI. In fact, the Attorney General is required by at least one statute, 28 U.S.C. § 534, to collect criminal records and make them available to state and local law enforcement agencies.1 Scruggs, 929 F.2d at 306.

[472]*472Two of our prior decisions, Scruggs and Diamond v. United States, 649 F.2d 496 (7th Cir.1981), considered expungement. Scruggs and Diamond have produced some confusion as to our jurisdiction. In Scruggs, our most recent pronouncement on the issue, a jury found Aaron Scruggs not guilty of being a felon in possession of a firearm. Eight years later, Scruggs asked the district court to expunge his arrest record. We asked there, as we do here, “[w]hat is the basis of this suit?” Id. at 305. The Privacy Act, which authorizes any person to sue to amend records the federal government maintains about that person, was a possibility, but that statute limits the judicial role to ensuring that agency records are accurate, relevant, timely, and complete. Scruggs, 929 F.2d at 306 (citing 5 U.S.C. § 552a(g)(l)(C)). We also considered and rejected the notion that our “inherent” powers authorize federal courts to supervise the behavior of the Executive Branch of government. Id. at 306. Finally, we concluded that Scruggs did not qualify for relief under any approach. Id. at 307.

In Diamond, John George Diamond filed a complaint that asked the district court to order the government to expunge its records of Diamond’s indictment and arrest. The district court dismissed the complaint. We reversed and held that “[i]f the dangers of unwarranted adverse consequences to the individual outweigh the public interest in maintenance of the records, then expunction is appropriate.” Id. at 499. We did not consider the jurisdictional issue that we later raised in Scruggs.

Diamond and Scruggs have produced confusion because Scruggs suggests, though it does not hold, that federal courts are without jurisdiction to order any Executive Branch agency, typically the FBI, to expunge records, while Diamond completely overlooks the issue of jurisdiction.

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Bluebook (online)
10 F.3d 470, 1993 WL 484168, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-mitchell-s-janik-ca7-1994.