United States v. Doucet, 72-1409 Summary Calendar.
| Decision Date | 16 June 1972 |
| Docket Number | No. 72-1409 Summary Calendar.,72-1409 Summary Calendar. |
| Citation | 461 F.2d 1095 |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. Louis A. DOUCET, Defendant-Appellant. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Robert L. Kleinpeter, Baton Rouge, La., for defendant-appellant.
Gerald J. Gallinghouse, U.S. Atty., Robert S. Leake, Asst. U.S. Atty., New Orleans, La., for plaintiff-appellee.
Before JOHN R. BROWN, Chief Judge, and GOLDBERG and MORGAN, Circuit Judges.
The defendant, Louis A. Doucet, was indicted in the Eastern District of Louisiana for knowingly and unlawfully intercepting a wire communication in violation of 18 U.S.C.A. § 2511. The defendant entered a plea of not guilty and then filed a motion to dismiss the two-count indictment. That motion was denied by the district court, and the trial judge ordered that the defendant's criminal trial be held in abeyance pending the defendant's appeal to this court of the trial court's denial of the motion to dismiss. It is established law that the denial of a motion to dismiss an indictment is not an appealable order. See, e. g., United States v. Garber, 2 Cir.1969, 413 F.2d 284; Snodgrass v. United States, 8 Cir.1964, 326 F.2d 409; Hoffa v. Gray, 6 Cir.1963, 323 F.2d 178, cert. denied, 375 U.S. 907, 84 S. Ct. 199, 11 L.Ed.2d 147. Since we know of no provision, statutory or otherwise, authorizing an interlocutory appeal in a criminal case by means of a district court's "certification" of a question of law, we direct that the defendant's appeal be dismissed.
Appeal dismissed.
* Rule 18, 5 Cir.; see Isbell Enterprises, Inc. v. Citizens Casualty Co. of New York, 5 Cir.1970, 431 F.2d 409, Part I.
To continue reading
Request your trial
-
Grand Jury Investigation, In re
...587 F.2d at 892. The court was correct only if it meant that motions to dismiss are not immediately reviewable. See United States v. Doucet, 461 F.2d 1095 (5th Cir. 1972). Because motions to dismiss are eventually reviewable, United States v. Lee, 413 F.2d 910 (7th Cir. 1969), should the ap......
-
the Special April 1977 Grand Jury, Matter of
...Kahaner, 1962, S.D.N.Y., 204 F.Supp. 921. Denials of motions to quash indictments, however, are not appealable. E. g., United States v. Doucet, 5 Cir. 1972, 461 F.2d 1095; People of Guam v. Lefever, 9 Cir. 1972, 454 F.2d 270; United States v. Garber, 2 Cir. 1969, 413 F.2d 284. Nor would Sco......
-
Grand Jury Proceedings, In re, PROCEEDINGS--S
...section 1292(b) applies only to orders in civil actions, and has no application to appeals in criminal cases. See United States v. Doucet, 461 F.2d 1095 (5th Cir.1972); United States v. Lowe, 433 F.2d 349 (5th Cir.1970). Therefore, we have no jurisdiction to hear this appeal pursuant to sec......
-
U.S. v. Bailey, 74-3370
...in the defendant's being subjected to the ordeal of a trial and conviction on the road to reversal. See, e. g., United States v. Doucet, 5 Cir. 1972, 461 F.2d 1095. We are of the firm conviction that the principles explicated in Gilmore are correct and are fundamental to jurisdiction. Thus ......