Legal Opinion
Nickolas John Andrade v. United States Sentencing Commission
Court of Appeals for the Ninth Circuit
Decided March 24, 1993No. 91-16249PublishedCited by 8 opinions
1Per curiam
This case poses the question whether the United States Sentencing Commission is subject to the Freedom of Information Act (“FOIA”). We agree with the district court that it is not.
Appellant Andrade brought this action seeking to compel the Sentencing Commission to release certain records. The district court dismissed the complaint for lack of subject matter jurisdiction and for failure to state a claim upon which relief may be granted. See Fed.R.Civ.P. 12(b)(1) & (6). We review de novo dismissal on either ground. Persons v. United States, 925 F.2d 292, 294 (9th Cir.1991) (lack of subject…
2Cases cited7 opinions
- Mistretta v. United StatesSupreme Court of the United States · 1989
- Bowsher v. SynarSupreme Court of the United States · 1986
- United States of America, Appellant/cross No. 88-3268 v. Alan Frank, A/K/A A. Roy, Appellee/cross No. 88-3220Court of Appeals for the Third Circuit · 1989
- Robin E. Persons Estate of Kelly Persons and Timothy Persons v. United StatesCourt of Appeals for the Ninth Circuit · 1991
- United States v. Jose LopezCourt of Appeals for the D.C. Circuit · 1991
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Washington Legal Foundation v. United States Sentencing CommissionCourt of Appeals for the D.C. Circuit · 1996
- United States v. Willie JohnsonCourt of Appeals for the Eighth Circuit · 2013
- United States v. Teniah TerceroCourt of Appeals for the Ninth Circuit · 2013
- Washington Legal Foundation v. U.S. Sentencing CommissionDistrict Court, District of Columbia · 1993
- Eugen Georgescu v. Bechtel Construction, Inc.Court of Appeals for the Ninth Circuit · 1994
3 more not listed; retrieve them via the Exa API.