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U.S. v. Griggs

United States Court of Appeals, Eleventh Circuit
Jan 31, 2001
240 F.3d 974 (11th Cir. 2001)

Summary

concluding that payment orders made pursuant to § 3006A(f) are administrative rulings not subject to appellate review

Summary of this case from U.S. v. Homrighausen

Opinion

No. 98-8882.

January 31, 2001.

Frank J. DiMarino, Asst. U.S. Atty., U.S. Dept. of Justice, Savannah, GA, for Plaintiff-Appellee.

Appeal from the United States District Court for the Southern District of Georgia.

Before EDMONDSON, CARNES and COX, Circuit Judges.


Attorney Joyce M. Griggs appeals the district court's order compelling Griggs to reimburse the Criminal Justice Act fund pursuant to 18 U.S.C. § 3006A(f) for fees she received from a client. The court concluded that the fees should be used to cover the fees and expenses of the client's former court-appointed lawyer. Griggs presents a number of issues on this appeal. However, we cannot reach the merits of Griggs's appeal because we lack jurisdiction.

Under 28 U.S.C. § 1291, this court has jurisdiction over appeals of the final decisions of district courts. In United States v. Rodriguez, we concluded that fee determinations made by district courts pursuant to the § 3006A(d) of the Criminal Justice Act (CJA) were administrative in nature and therefore not subject to appeal as final decisions. See 833 F.2d 1536, 1537 (11th Cir. 1987). In reaching that conclusion, we noted that the CJA makes no provision for appeal of fee determinations; district courts are vested with discretion to set the amounts; fee determinations are made in an administrative setting rather than in an adversarial posture; awards of fees are not dependent upon the outcome of the case; and the CJA does not require a court to hold adversary hearings on fee awards. See id. at 1537-38.

The factors recognized in Rodriguez are also present when a district court orders the payment of funds under § 3006A(f). As with fee determinations, payment orders under § 3006A(f) are not made appealable by the CJA, are left to the discretion of the trial judge, are made in an administrative setting, are unrelated to the outcome of the case, and can be made without prior adversary hearings. We therefore conclude that § 3006A(f) payment orders, like § 3006A(d) fee determinations, are not appealable final orders under § 1291. Accordingly, Grigg's appeal is dismissed for want of jurisdiction.

DISMISSED FOR WANT OF JURISDICTION.


Summaries of

U.S. v. Griggs

United States Court of Appeals, Eleventh Circuit
Jan 31, 2001
240 F.3d 974 (11th Cir. 2001)

concluding that payment orders made pursuant to § 3006A(f) are administrative rulings not subject to appellate review

Summary of this case from U.S. v. Homrighausen

In Griggs, a criminal defendant who had been represented by a court-appointed lawyer retained an attorney to represent him in his criminal proceedings.

Summary of this case from United States v. Owen

In Griggs, we relied heavily on the reasoning in an earlier decision holding that a district court's § 3006A(d) fee determination is administrative in nature and not subject to appeal as a final decision.

Summary of this case from United States v. Owen

In United States v. Griggs, 240 F.3d 974 (11th Cir. 2001), this Court held that it lacked jurisdiction to review a district court's order directing a retained attorney to reimburse the CJA fund pursuant to § 3006A(f) for fees she received from a client, so that the fund could recover fees and expenses of the client's former court-appointed lawyer.

Summary of this case from United States v. Nelson
Case details for

U.S. v. Griggs

Case Details

Full title:UNITED STATES of America, Plaintiff-Appellee, v. Joyce M. GRIGGS…

Court:United States Court of Appeals, Eleventh Circuit

Date published: Jan 31, 2001

Citations

240 F.3d 974 (11th Cir. 2001)

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