UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
EDWARD MCCRAY, DEFENDANT-APPELLANT
UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
EDWARD MCCRAY, DEFENDANT-APPELLANT
458 F.2d 389
United States Court of Appeals for the Ninth Circuit (1972)
Positive Treatment
Cited by 2 cases
Topics
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Opinion of the Court
PER CURIAM:
The appeal is dismissed because there is no jurisdiction in this court for the appeal.
McCray escaped from the federal penitentiary at Leavenworth, Kansas. Found in Oregon, he was removed to Kansas. He sought to have his removal from Oregon to Kansas set aside.
Direct appeal does not in the pre-trial stage apply to federal removal proceedings. Binion v. United States, 9 Cir., 201 F. 2d 498, cert. denied 345 U.S. 935. Also, there is a prohibition in 28 U.S.C. § 2253 of such a review.
It is doubtful if there was any jurisdiction in the district court to review (after McCray was back in Kansas) the commissioner’s prior approval of the removal. But that is not our problem.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
United States v. Rivero-Nunez, 605 F.2d 152 (5th Cir. 1979)
Authorities Cited
- Demko v. Lauderdale-By-The-Sea, 345 U.S. 935 (U.S. 1953)
- Binion v. United States, 201 F.2d 498 (9th Cir. 1953)