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U.S. v. VINYARD

Nos. 07-2304, 07-2674.

539 F.3d 589 (2008)

UNITED STATES of America, Plaintiff-Appellant, v. Jerry L. VINYARD, Defendant-Appellee. In the Matter of The United States of America, Petitioner.

United States Court of Appeals, Seventh Circuit.

Decided August 20, 2008.

Attorney(s) appearing for the Case

Thomas Edward Leggans (argued), Office of the United States Attorney, Benton, IL, for Plaintiff-Appellant.

Gene Gross (argued), Reed, Heller, Mansfield & Gross, Duquoin, IL, Susan Gentle, St. Louis, MO, for Defendant-Appellee.

Before FLAUM, WOOD, and EVANS, Circuit Judges.

WOOD, Circuit Judge.

Unsure of the proper procedural vehicle to use, the Government has brought this case before us using two alternatives: an interlocutory appeal (No. 07-2304) and a petition for a writ of mandamus (No. 07-2674). We conclude that appellate jurisdiction under 18 U.S.C. § 3731 is problematic, since the district court did not issue any of the orders described by that statute. We conclude, however, that this is one of those rare cases in...

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