The Tenth Circuit Court of Appeals published its opinion in United States v. Pickard on Monday, April 16, 2012.
The Tenth Circuit dismissed the appeal. Petitioners “are federal prisoners who have been pursuing relief under 28 U.S.C. § 2255. They seek review of the district court’s decision declining to rule on a motion to unseal documents for use during the postconviction proceedings. The [district] court decided that it lacked jurisdiction to consider the motion because the underlying postconviction proceedings were before [the Tenth Circuit] on appeal.”
The Tenth Circuit held that it lacked appellate jurisdiction to review the district court’s order because it was not a final order. It also rejected Petitioners’ belated request for mandamus relief.