United States v. Robert D. Golden

I agree that, for the reasons stated in my colleagues’ opinion, denial of appellant’s motion was not appealable as a final decision under 28 U.S.C.A. § 1291. I do not, however, wish my participation in this decision to be taken as implying a belief that, in a case of this nature, the appeal should not be treated as a petition for mandamus1 or that, in appropriate circumstances in a criminal action, a writ of mandamus ordering the District Court to decide the motion on its merits, should not issue.2 I place my concurrence solely *880on the ground that, on the facts as alleged by appellant, he will…