United States v. Robert Flanagan, James Keweshan, Sidney Landis and Thomas McNamee

Third Circuit

United States v. Robert Flanagan, James Keweshan, Sidney Landis and Thomas McNamee

730 F.2d 945, 1984 U.S. App. LEXIS 23596

Court of Appeals for the Third Circuit·Decided April 12, 1984·No. 81-3116·Published·Cited by 3 cases

Opinion

OPINION ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

Before GIBBONS and HUNTER, Circuit Judges, and THOMPSON, District Judge * .

GIBBONS, Circuit Judge:

When this appeal was first considered the governing precedents in this court established that orders disqualifying counsel were collaterally final. See e.g., United States v. Miller, 624 F.2d 1198, 1199 (3d Cir.1980); IBM v. Levin, 579 F.2d 271, 277-78 (3d Cir.1978). Those holdings were not affected by Firestone Tire & Rubber Co. v. Risjord, 449 U.S. 368, 372 n. 8, 101 S.Ct. 669, 672 n. 8, 66 L.Ed.2d 571 (1981). We affirmed the district court disqualification order 527 F.Supp. 902. United States v. Flanagan, 679 F.2d 1072 (3d Cir.1982). The defendants petitioned for certiorari. The Supreme Court granted certiorari and held that a District Court pretrial disqualification of defense counsel in a criminal prosecution is not immediately appealable under 28 U.S.C. § 1291. The Court directed that this appeal be dismissed. Flanagan v. United States, — U.S. —, 104 S.Ct. 1051, 79 L.Ed.2d 288 (1984). In compliance with that direction the appeal will be dismissed.

*

Hon. Anne E. Thompson, United States District Judge for the District of New Jersey, sitting by designation.

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OPINION ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

Before GIBBONS and HUNTER, Circuit Judges, and THOMPSON, District Judge * .

GIBBONS, Circuit Judge:

When this appeal was first considered the governing precedents in this court established that orders disqualifying counsel were collaterally final. See e.g., United States v. Miller, 624 F.2d 1198, 1199 (3d Cir.1980); IBM v. Levin, 579 F.2d 271, 277-78 (3d Cir.1978). Those holdings were not affected by Firestone Tire & Rubber Co. v. Risjord, 449 U.S. 368, 372 n. 8, 101 S.Ct. 669, 672 n. 8, 66 L.Ed.2d 571 (1981). We affirmed the district court disqualification order 527 F.Supp. 902. United States v. Flanagan, 679 F.2d 1072 (3d Cir.1982). The defendants petitioned for certiorari. The Supreme Court granted certiorari and held that a District Court pretrial disqualification of defense counsel in a criminal prosecution is not immediately appealable under 28 U.S.C. § 1291. The Court directed that this appeal be dismissed. Flanagan v. United States, — U.S. —, 104 S.Ct. 1051, 79 L.Ed.2d 288 (1984). In compliance with that direction the appeal will be dismissed.

*

Hon. Anne E. Thompson, United States District Judge for the District of New Jersey, sitting by designation.

United States v. Robert Flanagan, James Keweshan, Sidney Landis and Thomas McNamee, 730 F.2d 945, 1984 U.S. App. LEXIS 23596 (3d Cir. 1984).

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Opinion

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