Legal Opinion

United States v. Harris

District Court, D. Maryland

Decided March 21, 2012No. Case No. 03-1767MPublishedCited by 5 opinions

1Opinion of the Court

OPINION AND ORDER OF COURT

VICTOR H. LAWS, III, United States Magistrate Judge.

This motion to expunge a federal misdemeanor conviction requires the Court to answer a key question of federal court jurisdiction: Does federal “ancillary jurisdiction” extend to a claim for expungement of a criminal conviction — not on grounds of any illegality of the arrest or conviction, or any constitutional infirmity of the statute on which the Defendant was convicted— but solely on equitable grounds? The federal Circuits are split on this issue, and even within this District' the decisions, taken as a whole,…

2Cases cited7 opinions

  1. Kokkonen v. Guardian Life Insurance Co. of AmericaSupreme Court of the United States · 1994
  2. John George Diamond v. United StatesCourt of Appeals for the Seventh Circuit · 1981
  3. Allen v. WebsterCourt of Appeals for the Fourth Circuit · 1984
  4. United States v. MitchellDistrict Court, E.D. Virginia · 2010
  5. United States v. StromickDistrict Court, D. Maryland · 1989

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3Cited by5 opinions

  1. Doe v. United StatesDistrict Court, E.D. New York · 2015
  2. Doe v. United StatesDistrict Court, E.D. New York · 2016
  3. United States v. McKnightDistrict Court, D. Maryland · 2014
  4. United States v. SalgueidoDistrict Court, D. New Mexico · 2017
  5. United States v. AllenDistrict Court, E.D. North Carolina · 2014

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