U.S. Court of Appeals for the First Circuit, 1988

United States v. Hunnewell

United States v. Hunnewell
U.S. Court of Appeals for the First Circuit · Decided August 22, 1988 · Bownes, Campbell, Torruella
855 F.2d 1; 1988 WL 88307 (Federal Reporter, Second Series)

United States v. Hunnewell

Opinion of the Court

MEMORANDUM AND ORDER

Appellant’s “petition for permission to appeal” is denied. A district court’s interlocutory denial of a motion to dismiss for violation of the Interstate Agreement on Detainers Act, 18 U.S.C.App. § 1 et seq., is not an appealable order. United States v. Cejas, 817 F.2d 595, 596 (9th Cir. 1987). Such an order is not “effectively unreviewable on appeal from a final judgment” under the third prong of the three-prong test for the “collateral order” exception to the final judgment rule restated in Flanagan v. United States, 465 U.S. 259, 265, 104 S.Ct. 1051, 1055, 79 L.Ed.2d 288 (1984). “Because of the compelling interest in prompt trials, the Court has interpreted the requirements of the collateral-order exception to the final judgment rule with the utmost strictness in criminal cases.” Id.

The petition is denied.

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