United States v. United States District Court, Central District of California, Lawrence F. Lester, Real Party in Interest

Ninth Circuit

United States v. United States District Court, Central District of California, Lawrence F. Lester, Real Party in Interest

601 F.2d 379, 1978 U.S. App. LEXIS 6771

CourtCourt of Appeals for the Ninth Circuit

DecidedDecember 26, 1978

Docket78-2725

StatusPublished

Cited by16 cases

This text of 601 F.2d 379 (United States v. United States District Court, Central District of California, Lawrence F. Lester, Real Party in Interest) 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. United States District Court, Central District of California, Lawrence F. Lester, Real Party in Interest, 601 F.2d 379, 1978 U.S. App. LEXIS 6771 (9th Cir. 1978).

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Opinion

ORDER

Before CHOY and WALLACE, Circuit Judges.

The Government has petitioned this Court for a writ of mandamus. However, the United States has an alternative means of review, that is, appeal from a final judgment under 28 U.S.C. § 1291. The challenge as to the district court’s failure to impose a special mandatory parole term possesses the necessary characteristics of “independence and completeness” that are required for review under 28 U.S.C. § 1291 without regard to the limitations of 18 U.S.C. § 3731. Carroll v. United States, 354 U.S. 394, 406, 77 S.Ct. 1332, 1 L.Ed.2d 1442 (1957); United States v. Busic, 592 F.2d 13, 25-26, (2d Cir. 1978).

Therefore, the petition is denied.

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ORDER

Before CHOY and WALLACE, Circuit Judges.

The Government has petitioned this Court for a writ of mandamus. However, the United States has an alternative means of review, that is, appeal from a final judgment under 28 U.S.C. § 1291. The challenge as to the district court’s failure to impose a special mandatory parole term possesses the necessary characteristics of “independence and completeness” that are required for review under 28 U.S.C. § 1291 without regard to the limitations of 18 U.S.C. § 3731. Carroll v. United States, 354 U.S. 394, 406, 77 S.Ct. 1332, 1 L.Ed.2d 1442 (1957); United States v. Busic, 592 F.2d 13, 25-26, (2d Cir. 1978).

Therefore, the petition is denied.

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792 F.2d 1492 (Ninth Circuit, 1986)

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721 F.2d 1084 (Seventh Circuit, 1984)

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686 F.2d 147 (Third Circuit, 1982)

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675 F.2d 17 (Second Circuit, 1982)

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671 F.2d 1200 (Eighth Circuit, 1982)

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660 F.2d 748 (Ninth Circuit, 1981)

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627 F.2d 1007 (Ninth Circuit, 1980)

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627 F.2d 1007 (Ninth Circuit, 1980)

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601 F.2d 379, 1978 U.S. App. LEXIS 6771, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-united-states-district-court-central-district-of-ca9-1978.

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