United States v. Robert Chavez

Ninth Circuit

United States v. Robert Chavez

566 F.2d 81

CourtCourt of Appeals for the Ninth Circuit

DecidedDecember 20, 1977

Docket76-3541

StatusPublished

Cited by6 cases

This text of 566 F.2d 81 (United States v. Robert Chavez) 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.

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

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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.

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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.

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