Frederick v. United States

Ninth Circuit Court of Appeals

Decided April 10, 1972.

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

Cited by 2 later decisions — most recently October 1977

1 federal appellate · 1 state decisions

2 counsel of record

Applies 28 U.S.C. § 1291 · 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)

Good law ✅— No negative treatment on recordhow we know

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

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¶1Andrew G. Frederick, in pro per.

¶2James L. Browning, Jr., U. S. Atty., San Francisco, Cal., for defendant-appel-lee.

¶3Before HAMLEY, MERRILL and TRASK, Circuit Judges.

¶4PER CURIAM:

¶5Andrew G. Frederick, a federal prisoner incarcerated in a California state penal institution, appeals from an order denying his motion for correction of sentence under 28 U.S.C. § 2255. Appellant claims that he has been denied a timely parole hearing. The District Court, having been advised by the Federal Parole Board that appellant’s parole application would be considered, denied appellant’s motion. The court added, however, that it would not finally dispose of the matter until notified of the Board’s decision. The order appealed from is thus not final and is not an appealable order under 28 U.S.C. § 1291.

¶6The appeal is accordingly dismissed for lack of jurisdiction. The District Court should notify appellant when it finally disposes of his case.

¶7Dismissed.