BOYD

v.

SMITH, CORRECTIONAL SUPERINTENDENT

Citator

Cited By

• United States v. Rosario, 677 F.2d 614 (7th Cir. 1982)
  …nth appears to consider such an order as falling within the collateral order doctrine, permitting review before the completion of the trial court’s proceedings with sentencing. United States v. Griffin, 617 F. 2d 1342, 1345 (9th Cir.), cert. denied, 449 U.S. 863, 101 S.Ct. 167, 66 L.Ed.2d 80 (1980).6 Confronted with the same issue, the Fifth and District of Columbia Circuits have refused to follow the Griffin result and have found that a defendant seeking to challenge such an order must present it in the ap…
• United States v. P.H.E., Inc., 965 F.2d 848 (10th Cir. 1992)
  …sdiction under the case law of that court applying the collateral order doctrine to refusals to dismiss for vindictive prosecution. 646 F. 2d 384, 386 (9th Cir.1981) (citing United States v. Griffin, 617 F. 2d 1342, 1344-46 (9th Cir.), cert. denied, 449 U.S. 863, 101 S.Ct. 167, 66 L.Ed.2d 80 (1980)). The Supreme Court reversed and ordered the appeal dismissed for lack of jurisdiction, determining that the defendant’s assertion of vindictive prosecution could be protected on appeal from a conviction. We do…