United States v. Sweet

Citation90 S.Ct. 1958,399 U.S. 517,26 L.Ed.2d 770
Decision Date29 June 1970
Docket NumberNo. 577,577
PartiesUNITED STATES v. Paul E. SWEET
CourtUnited States Supreme Court

PER CURIAM.

On September 30, 1968, the District Court for the District of Columbia dismissed, 'with prejudice,' an indictment charging appellee Sweet with various crimes under the D.C.Code, on a finding that the Government had not acted promptly enough in bringing the case to trial. The United States appealed this dismissal pursuant to D.C.Code § 23—105* to the Court of Appeals for the District of Columbia Circuit. That court, without making any determination of its jurisdiction under § 23—105, certified the case to this Court pursuant to 18 U.S.C. § 3731, the Federal Criminal Appeals Act.

We conclude that certification under § 3731 was not proper in the circumstances of this case. Section 3731 provides in terms for certification only '(i)f an appeal shall be taken pursuant to this section to any court of appeals which, in the opinion of such court, should have been taken directly to the Supreme Court * * *.' (Emphasis added.) The Government's appeal to the Court of Appeals in this case was not pursuant to § 3731 but instead expressly pursuant to D.C.Code § 23—105, which contains no provision allowing transfer to this Court. Moreover, as noted earlier, it appears that the Court of Appeals has made no determination that it lacked jurisdiction to hear the Government's appeal under the broad terms of § 23—105, a statute that we previously held was unaffected in scope by the subsequent passage of the Criminal Appeals Act, United States v. Burroughs, 289 U.S. 159, 53 S.Ct. 574, 77 L.Ed. 1096 (1933).

Accordingly, we hold that transfer to this Court was inappropriate and we return the case to the Court of Appeals for further proceedings. It is so ordered.

Case returned to Court of Appeals.

Mr. Justice DOUGLAS dissents.

Mr. Justice MARSHALL took no part in the decision of this case.

* D.C.Code § 23—105(a) (Supp. III, 1970) provides:

'In all criminal prosecutions the United States or the District of Columbia, as the case may be, shall have the same right of appeal that is given to the defendant, including the right to a bill of exceptions: Provided, That if on such appeal it shall be found that there was error in the rulings of the court during a trial, a verdict in favor of the defendant shall not be set aside.'

To continue reading

Request your trial
3 cases
  • United States v. Vuitch
    • United States
    • United States Supreme Court
    • April 21, 1971
    ...of Appeals. Although Carroll seems to be dispositive, it has been suggested that it may now be limited by United States v. Sweet, 399 U.S. 517, 90 S.Ct. 1958, 26 L.Ed.2d 770 (1970), which contains some language suggesting that the Government may be empowered to take an appeal to the Court o......
  • Rogers v. Frito-Lay, Inc.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • February 15, 1980
    ......v. . ROADWAY EXPRESS, INC., Defendant-Appellee. . Nos. 77-2443, 77-3263. . United States Court of Appeals, . Fifth Circuit. . Feb. 15, 1980. . Page 1076 .         James ......
  • Augustus v. School Board of Escambia County
    • United States
    • U.S. District Court — Northern District of Florida
    • July 24, 1973
    ......v. SCHOOL BOARD OF ESCAMBIA COUNTY et al., Defendants. No. PCA 1064. United" States District Court, N. D. Florida, Pensacola Division. July 24, 1973.361 F. Supp. 384     \xC2"......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT