UNITED STATES OF AMERICA, PETITIONER,
v.
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA, RESPONDENT. LAWRENCE F. LESTER, REAL PARTY IN INTEREST
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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United States v. Mayo, 721 F.2d 1084 (7th Cir. 1983)
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United States v. Hetrick, 627 F.2d 1007 (9th Cir. 1980)
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United States v. DeMIER, 671 F.2d 1200 (8th Cir. 1982)
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Carroll v. United States, 354 U.S. 394 (U.S. 1957)
- United States v. Zvonko Busic, 592 F.2d 13 (2d Cir. 1978)