UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
ROOSEVELT NICK LOWE, JR., DEFENDANT-APPELLANT
UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
ROOSEVELT NICK LOWE, JR., DEFENDANT-APPELLANT
433 F.2d 349
Court of Appeals for the Fifth Circuit (1970)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM:
The opinion and judgment of the Court dated October 6, 1970 is withdrawn and the following is substituted therefor:
A defendant charged with the interstate transportation of a stolen motor vehicle in violation of 18 U.S.C.A. § 2312 (1970) appeals from the denial of a pre-trial motion to suppress evidence. Under Rule 5, F.R.A.P., and 28 U.S.C.A. § 1292(b) (1966), the court has certified that this preliminary evidentiary order involves a controlling question of law as to which there is a substantial ground for difference of opinion and that an immediate appeal may materially advance the ultimate determination of the litigation. The district court’s order also allowed an immediate appeal and stayed further proceedings in that court pending the disposition of such an appeal.
28 U.S.C.A. '§ 1292(b) pertains only to civil actions. It clearly follows that neither party in a criminal action may proceed under it.
Appeal dismissed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
United States v. Bendicks, 439 F.2d 1120 (5th Cir. 1971)
-
In re Grand Jury Proceedings-Subpoena to State Attorney's Off. Thomas H. Greene, 832 F.2d 554 (11th Cir. 1987)
Authorities Cited
- Isbell Enters., Inc. v. Citizens Cas. Co. OF NEW York, 431 F.2d 409 (5th Cir. 1970)