Legal Opinion
United States v. Sherriffs
District Court, E.D. Wisconsin
Decided November 5, 1974No. Misc. No. 453PublishedCited by 2 opinions
1Opinion of the Court
ORDER
MYRON L. GORDON, District Judge.
At a removal hearing on April 24, 1974, the magistrate determined that the defendant had “not been properly identified” as the individual named in the indictment. Rule 40(b) (3) (A), Federal Rules of Criminal Procedure. On the basis of such finding, the magistrate refused to issue a warrant of removal and ordered the defendant discharged from custody. See Rule 40(b)(5); Local Rule 17. The government challenges the magistrate’s decision as clearly erroneous.
A removal order is not appealable and cannot be reviewed in the district where the defendant is…
2Cases cited6 opinions
- United States Ex Rel. Rutz v. LevySupreme Court of the United States · 1925
- United States v. Richard Alvin Woodring, AKA Carlton D. Woodring, AKA Dee BurkeCourt of Appeals for the Tenth Circuit · 1971
- United States v. Donald Wallace Perkins, United States of America v. Gerald Leonard WhitmoreCourt of Appeals for the D.C. Circuit · 1970
- William Charles Galloway v. United StatesCourt of Appeals for the Tenth Circuit · 1962
- United States v. Edward McCrayCourt of Appeals for the Ninth Circuit · 1972
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3Cited by2 opinions
- United States v. CanadaDistrict Court, N.D. Illinois · 1977
- United States v. Saldana-BeltranDistrict Court, S.D. California · 2014