U.S. v. Ellison, 82-1602
| Citation | 722 F.2d 595 |
| Decision Date | 21 May 1982 |
| Docket Number | No. 82-1602,82-1602 |
| Parties | UNITED STATES of America, Petitioner, v. Honorable James O. ELLISON, Respondent. |
| Court | U.S. Court of Appeals — Tenth Circuit |
Before SETH, HOLLOWAY, McWILLIAMS, BARRETT, WILLIAM E. DOYLE, McKAY, LOGAN and SEYMOUR, Circuit Judges.
The Court, sitting en banc, having heard oral argument of counsel, orders as follows:
1. The petitioner's emergency application for writ of mandamus and appeal is hereby denied.
2. The petitioner's emergency motion for stay of the district court's order of dismissal of Counts 1 through 15 of the Indictment is denied.
3. The order of the panel entered in the captioned cause on May 17, 1982, 684 F.2d 664, staying all further proceedings before the United States District Court for the Northern District of Oklahoma in case No. 81-CR-97, United States of America v. Robert B. Sutton, et al., is hereby vacated.
The Court is of the view that mandamus is an inappropriate remedy and that to grant the relief prayed for would violate the double jeopardy clause of the Fifth Amendment of the United States Constitution.
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United States v. Sutton
...judgment of acquittal was first granted by a three judge panel, United States v. Ellison, 684 F.2d 664, and then denied en banc, 722 F.2d 595 (10 Cir.1982). Following remand by the Circuit, trial on the remaining Counts 16 and 17 continued. The jury found defendant Robert B. Sutton guilty o......
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U.S. v. Urena, 93-3313
...665 (10th Cir.) (pointing out that prosecutorial misconduct is not grounds for action under Rule 29(a)), vacated on other grounds, 722 F.2d 595 (10th Cir.1982). We have already found sufficient evidence to sustain defendant's convictions in Section I Defendant's objection to admission of Ms......
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U.S. v. Sutton
...v. Ellison, 684 F.2d 664 (10th Cir.1982). This Court then heard argument en banc and reversed the panel decision. United States v. Ellison, 722 F.2d 595 (10th Cir.1982). After the Supreme Court denied a stay pending resolution of the government's petitions for mandamus and certiorari, the t......
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United States v. Arnulfo-Sanchez
...is not grounds for action under Rule 29. United States v. Ellison, 684 F.2d 664, 665 (10th Cir. 1982) vacated on other grounds, 722 F.2d 595 (10th Cir. 1982). "The proper basis for a Rule 29(a) motion for judgment of acquittal is a claim of insufficient evidence in light of the elements of ......