U.S. Court of Appeals for the Ninth Circuit, 1977

United States v. Robert Chavez

U.S. Court of Appeals for the Ninth Circuit · Decided December 20, 1977 · Chambers, Wallace, Wollenberg

566 F.2d 81 (Federal Reporter, Second Series)

Counsel

David Elson (argued), Los Angeles, Cal., for defendant-appellant., Robert Ramsey, Jr., Asst. U. S. Atty., (argued), Los Angeles, Cal., for plaintiff-ap-pellee.

Cases that cite this one

6 later published cases cite this decision. The 4 that cite it most often are listed here.

United States v. Pungitore (3d Cir. 1990)
United States v. Michael Byron Welch (9th Cir. 1978)
United States v. Manbeck (4th Cir. 1984)
United States v. Sandra Elaine Smith (9th Cir. 1979)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

ORDER DISMISSING APPEAL

We are presented the question of whether a federal prosecution duplicating or substantially duplicating a prior indictment (later dismissed) by the State of California, is a violation of the Attorney General’s publicly announced policy on such matters and, if so, whether the district court and this court should do something about it.

We hold that under the doctrine of separation of powers federal courts have no discretion to conduct such an investigation. It might be otherwise if the Attorney General’s policy were something more than in-house rules, and had reached the stage of publication in the Code of Federal Regulations or some equivalent publication.

The appeal is dismissed.

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