United States DC Circuit

The Court reversed the district court's decision to deny defendant's petition for habeas corpus, finding that the district court lacked jurisdiction, and remanded the case with directions to dismiss the petition without prejudice.

Appellate Information

• Argued 12/08/2003
• Decided 07/16/2004
• Published 07/16/2004

Judges

• Before:  GINSBURG, Chief Judge, and RANDOLPH and ROBERTS, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Timothy P. O'Toole, Attorney, Public Defender Service of the District of Columbia, argued the cause for appellant.   With him on the briefs were James W. Klein and Giovanna Shay, Attorneys., Edward E. Schwab, Acting Deputy Corporation Counsel, and Mary L. Wilson, Assistant Corporation Counsel, were on the brief as amicus curiae in support of appellant's position on jurisdiction.


• For Appellees:
  
• John R. Fisher, Assistant U.S. Attorney, argued the cause for appellee.   With him on the brief were Roscoe C. Howard, Jr., U.S. Attorney, and Elizabeth H. Danello, Robert D. Okun and Lisa H. Schertler, Assistant U.S. Attorneys.  MaryPatrice Brown, Assistant U.S. Attorney, entered an appearance.