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

UNITED STATES of America, Petitioner, v. UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA, Respondent. Lawrence F. LESTER, Real Party in Interest

United States v. United States Dist. Court, Cent. Dist. of Cal., Lawrence F. Lester, Real Party in Interest, 601 F.2d 379 (9th Cir. 1978)

Court: Court of Appeals for the Ninth Circuit · U.S. Courts of Appeals
Decided: December 26, 1978
Docket: No. 78-2725
Citations: 601 F.2d 3791978 U.S. App. LEXIS 6771

Cited by 15 10 descriptions by later courts Original from court

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.

How later courts describe this case

Explanatory parentheticals written by citing courts — 10 in all; the most informative distinct ones are shown.

(section 1291 authorizes government appeal of district court's failure to impose a special mandatory parole term)

United States, in Nos. 82-5103 82-5198 v. Francis D, 686 F.2d 147 (3d Cir. 1982)
(mandamus petitions do not lie where the government has an alternative means of review)

United States v. William Hetrick, United States of Am. v. United States Dist. Court, Dist. of Ariz., & William Hetrick, Real Party in Interest, 644 F.2d 752 (9th Cir. 1981)
(mandamus denied because of availability of review under 28 U.S.C. § 1291)

United States v. William Hetrick, United States of Am. v. United States Dist. Court, Dist. of Ariz., & William Hetrick, Real Party in Interest, 644 F.2d 752 (9th Cir. 1981)

Cited by 15 cases

View all citing references →

U.S. Courts of Appeals15

Relies on it most ⓘ

United States v. Hetrick644 F.2d 752 (9th Cir. 1980)
United States v. Hetrick627 F.2d 1007 (9th Cir. 1980)
United States v. William Hetrick, United States of America v. United States District Court, District of Arizona, and William Hetrick, Real Party in Interest644 F.2d 752 (9th Cir. 1981)
United States v. William Hetrick, United States of America v. United States District Court, District of Arizona, and William Hetrick, Real Party in Interest627 F.2d 1007 (9th Cir. 1980)
United States v. Edmonson792 F.2d 1492 (9th Cir. 1986)
United States v. Robert L. Demier, Barbara Demier, in Re United States of America671 F.2d 1200 (8th Cir. 1982)

Most recent

United States v. Raphael Dwight Hundley858 F.2d 58 (2d Cir. 1988)
Government of the Virgin Islands v. Douglas, Leo, in No. 85-3488812 F.2d 822 (3d Cir. 1987)
Government of the Virgin Islands v. Douglas812 F.2d 822 (3d Cir. 1987)
United States v. John Paul Edmonson, United States of America v. United States District Court for the Eastern District of Washington, and John Paul Edmonson, and Real Party in Interest792 F.2d 1492 (9th Cir. 1986)
United States v. Edmonson792 F.2d 1492 (9th Cir. 1986)
United States of America v. Thomas William Mayo721 F.2d 1084 (7th Cir. 1984)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

Depth	Case	Cited by
	Carroll v. United States, 354 U.S. 394 (1957)	262
	United States v. Busic, 592 F.2d 13 (2d Cir. 1978)	94

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