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U.S. v. CARROLL

No. 10-1400.

667 F.3d 742 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Krispen S. CARROLL; David W. Ruskin; Tammy L. Terry; Thomas W. McDonald; Carl L. Bekofske, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 30, 2012.

Attorney(s) appearing for the Case

ARGUED: Randal S. Mashburn , Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C., Nashville, Tennessee, for Appellants. Peter Sklarew , United States Department of Justice, Washington, D.C., for Appellee. ON BRIEF: Randal S. Mashburn , Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C., Nashville, Tennessee, E. Franklin Childress, Jr. , Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C., Memphis, Tennessee, for Appellants. Gilbert S. Rothenberg , Karen G. Gregory , Thomas J. Clark , United States Department of Justice, Washington, D.C., for Appellee. Erica L. Fitzgerald , Eugene Driker, Barris, Sott, Denn & Driker, P.L.L.C., Detroit, Michigan, Henry E. Hildebrand, III , Office of the Chapter 13 Trustee, Nashville, Tennessee, for Amici Curiae.

Before: NORRIS, SUTTON and GRIFFIN, Circuit Judges.

OPINION

SUTTON, Circuit Judge.

In filing this lawsuit, the United States uses an unusual mechanism to obtain an extraordinary remedy to avoid an ordinary appeal. It may not do so.

I.

This is not an everyday case, as the caption suggests. On the top is the plaintiff, the United States, which acts in this instance not as an enforcer of the criminal laws or of any civil law but as a defender of the government's sovereign immunity. Governments...

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