Opinion · Court of Appeals for the Ninth Circuit
United States v. United States District Court, Central District of California, Lawrence F. Lester, Real Party in Interest
United States v. United States Dist. Court, Cent. Dist. of Cal., Lawrence F. Lester, Real Party in Int., 601 F.2d 379 (9th Cir. 1978)
- Type
- Opinion
- Court
- Court of Appeals for the Ninth Circuit
- Jurisdiction
- Federal
- Date
- 1978-12-26
- Topic
- general
How later courts describe this case
- section 1291 authorizes government appeal of district court's failure to impose a special mandatory parole term
- mandamus petitions do not lie where the government has an alternative means of review
- mandamus denied because of availability of review under 28 U.S.C. § 1291
Citator
UpLaw has not yet analyzed United States v. United States District Court, Central District of California, Lawrence F. Lester, Real Party in Interest. The absence of a flag is not a finding that it is good law.
- Cited by
- 16 opinions
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.