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United States Eleventh Circuit


US v. BROWN, 01-10323

Upon remand from the US Supreme Court, where defendant failed to object to or appeal a magistrate judge's decision to the district court, the appellate court lacks jurisdiction to review a magistrate judge's decision, under US v. Renfro, 620 F.2d 497, 500 (5th Cir. 1980). Although the Supreme Court remanded in light of the Solicitor General's argument that appellate courts should have such jurisdiction, Renfro is binding as circuit precedent, unless and until it is overruled by the circuit en banc or by the Supreme Court.

Appellate Information

  • Decided 08/21/2003
  • Published 08/21/2003

Judges

  • KRAVITCH, Circuit Judge:, Before CARNES, HILL and KRAVITCH, Circuit Judges.

Court

  • United States Eleventh Circuit

Counsel

  • For Appellees:
  • Richard C. Klugh, Jr. and Kathleen M. Williams, Fed. Pub. Defenders, Miami, FL, for Defendant-Appellant., John Charlton Shipley, Jr.,Anne R. Schultz, Kathleen M. Salyer, Miami, FL, for Plaintiff-Appellee.
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