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ANDRADE v. U.S. SENTENCING COM'N

No. 91-16249.

989 F.2d 308 (1993)

Nickolas John ANDRADE, Petitioner-Appellant, v. UNITED STATES SENTENCING COMMISSION, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided March 24, 1993.

Attorney(s) appearing for the Case

Nickolas Andrade, in pro. per.

James P. Loss, Asst. U.S. Atty., Phoenix, AZ, and Edward R. Cohen, U.S. Dept. of Justice, Washington, DC, for appellee.

Before NORRIS, BEEZER, and KLEINFELD, Circuit Judges.

PER CURIAM:

This case poses the question whether the United States Sentencing Commission is subject to the Freedom of Information Act ("FOIA"). We agree with the district court that it is not.

Appellant Andrade brought this action seeking to compel the Sentencing Commission to release certain records. The district court dismissed the complaint for lack of subject matter jurisdiction and for failure to state a claim upon which relief may be granted. See...

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