United States v. Robert Chavez

Ninth Circuit

United States v. Robert Chavez

566 F.2d 81

Court of Appeals for the Ninth Circuit·Decided December 20, 1977·No. 76-3541·Published·Cited by 6 cases

Opinion

ORDER DISMISSING APPEAL

We are presented the question of whether a federal prosecution duplicating or substantially duplicating a prior indictment (later dismissed) by the State of California, is a violation of the Attorney General’s publicly announced policy on such matters and, if so, whether the district court and this court should do something about it.

We hold that under the doctrine of separation of powers federal courts have no discretion to conduct such an investigation. It might be otherwise if the Attorney General’s policy were something more than in-house rules, and had reached the stage of publication in the Code of Federal Regulations or some equivalent publication.

The appeal is dismissed.

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

ORDER DISMISSING APPEAL

We are presented the question of whether a federal prosecution duplicating or substantially duplicating a prior indictment (later dismissed) by the State of California, is a violation of the Attorney General’s publicly announced policy on such matters and, if so, whether the district court and this court should do something about it.

We hold that under the doctrine of separation of powers federal courts have no discretion to conduct such an investigation. It might be otherwise if the Attorney General’s policy were something more than in-house rules, and had reached the stage of publication in the Code of Federal Regulations or some equivalent publication.

The appeal is dismissed.

United States v. Robert Chavez, 566 F.2d 81 (9th Cir. 1977).

Pincite

566 F.2d 81 (United States v. Robert Chavez) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.