United States v. McCray

Ninth Circuit Court of Appeals

Decided April 10, 1972.

Ninth Circuit Court of Appeals · decided 1972-04-10

Cited by 7 later decisions — most recently July 2015

4 federal appellate ·

2 counsel of record

Key passage — most relied on by later courts

““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.””

quoted by 1 later decision, including United States v. Sherriffs

Applies 28 U.S.C. § 2253 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Bankers Life & Casualty Co. v. Holland · Binion v. United States

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1972-04-10

View the full empirical analysis of this case →

¶1Edward McCray, in pro. per.

¶2Sidney I. Lezak, U. S. Atty., Michael Morehouse, Asst. U. S. Atty., Portland, Or., for plaintiff-appellee.

¶3Before CHAMBERS, HAMLEY and WRIGHT, Circuit Judges.

¶4PER CURIAM:

¶5The appeal is dismissed because there is no jurisdiction in this court for the appeal.

¶6McCray 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.

¶7Direct 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.

¶8It 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.