United States v. City of Miami

I must dissent because I believe we do not have jurisdiction to resolve this case. Accordingly, I would dismiss this appeal, leaving the consent decree in effect.

It is axiomatic that this court is one of limited, statutory jurisdiction. Huckeby v. Frozen Food Express, 555 F.2d 542, 545 (5th Cir. 1977). See also 28 U.S.C. §§ 1291 & 1292 (1976). Thus, “[a]s a threshold issue, it is incumbent upon [us] to determine whether [we] may properly exercise . . . jurisdiction in each case.” United States v. Mendoza, 491 F.2d 534, 536 (5th Cir. 1974). See also Cason v. Owen, 578 F.2d 572, 573 (5th Cir.…