United States v. John Doe, 859 F.2d 1334 (8th Cir. 1988). · Go Syfert
United States v. John Doe, 859 F.2d 1334 (8th Cir. 1988). Cases Citing This Book View Copy Cite
13 citation events (5 in the last 25 years) across 5 distinct courts.
Strongest positive: United States v. Michael Meyer (ca8, 2006-03-07)
Top citers, strongest first. 8 distinct citers. How cited ↗
discussed Cited as authority (rule) United States v. Michael Meyer
8th Cir. · 2006 · confidence medium
See United States v. 4 See, e.g., 18 U.S.C. § 3607 (c) (providing that certain persons convicted for violating the Controlled Substances Act may seek expungement); see also Sumner, 226 F.3d at 1012, 1015 (listing specific circumstances where expungement or correction of a criminal record is authorized by statutes, federal rules or the Constitution and finding no “statute in which Congress has empowered a district court to reopen a criminal case after its judgment has become final for the purpose of expunging a record of a valid arrest or conviction to enhance a defendant’s employment oppo…
discussed Cited as authority (rule) United States v. Michael Meyer
8th Cir. · 2006 · confidence medium
See Geary v. United States, 901 F.2d 679, 679-80 (8th Cir.1990) (finding no extraordinary circumstances warranting expungement where the petitioner “made a series of nonspecific assertions such as that the arrest was not based on probable cause, that it was for the purpose of harassment, and that the existence of records ... has caused him embarrassment and has impinged on his ability to earn ‘a substantial livelihood’ ”); United States v. Bagley, 899 F.2d 707, 707-08 (8th Cir.1990) (finding no extraordinary circumstances warranting expungement where an indictment was dismissed because…
discussed Cited as authority (rule) United States v. Steelwright
D. Maryland · 2002 · confidence medium
In exercising ancillary jurisdiction, these courts typically have relied upon the “equitable powers” of federal courts for their authority to expunge but at the same time recognized that these powers are narrowly circumscribed, thus the language “extreme or exceptional circumstances” has emerged. 12 See, e.g., United States v. Doe, 859 F.2d 1334, 1335 (8th Cir.1988) (finding no extraordinary circumstances justifying the exercise of the court’s “inherent equity powers”); Livingston v. United States Department of Justice, 759 F.2d 74, 78 (D.C.Cir.1985) (“courts have the inherent …
discussed Cited as authority (rule) Journey v. State
Alaska · 1995 · confidence medium
E.g., United States v. Doe, 859 F.2d 1334, 1335 (8th Cir.1988); United States v. Doe, 732 F.2d 229, 230-32 (1st Cir.1984) (holding that congressional intent was to protect youthful offenders only from legal detriment, not to allow them to hide their past from employers). 36 .
discussed Cited as authority (rule) State v. Marnette (2×)
S.D. · 1994 · confidence medium
“There is a split in authority as to whether the Act authorizes expunction of the record of a conviction which has been set aside pursuant to 18 U.S.C. § 5021 .” United States v. Doe, 859 F.2d 1334, 1335 (8th Cir.1988) (citing United States v. Doe, 747 F.2d 1358, 1359 (11th Cir.1984) (no expunction); United States v. Doe, 732 F.2d 229, 230-32 (1st Cir.1984) (no expunction); United States v. Doe, 556 F.2d 391, 392-93 (6th Cir.1977) (no expunction); [United States v. McMains, 540 F.2d 387 (8th Cir.1976) (no expunction) ]; with United States v. Doe, 730 F.2d 1529, 1531-34 (D.C.Cir.1984) (exp…
discussed Cited "see" Michael A. Geary v. United States
8th Cir. · 1990 · signal: see · confidence high
See United States v. Doe, 859 F.2d 1334 (8th Cir.1988); United States v. McMains, 540 F.2d 387 (8th Cir.1976); see also United States v. Friesen, 853 F.2d 816 (10th Cir.1988); United States v. G., 774 F.2d 1392 (9th Cir.1985); Doe v. Webster, 606 F.2d 1226, 1230 (D.C.Cir.1979).
cited Cited "see" United States v. Hughes Anderson Bagley, Jr.
8th Cir. · 1990 · signal: see · confidence high
See United States v. Doe, 859 F.2d 1334, 1336 (8th Cir.1988).
discussed Cited "see" United States v. Stromick (2×) also: Cited "see, e.g."
D. Maryland · 1989 · signal: see · confidence high
See United States v. Doe, 859 F.2d at 1336 ; United States v. Doe, 747 F.2d at 1360 .
Retrieving the full opinion text from the archive…
UNITED STATES of America, Appellee,
v.
John DOE, Appellant
88-1657.
Court of Appeals for the Eighth Circuit.
Dec 7, 1988.
859 F.2d 1334
John Doe, pro se., Thomas E. Dittmeier, U.S. Atty., for ap-pellee.
Gibson, John, Magill, McMILLIAN, Per Curiam.
Cited by 10 opinions  |  Published
PER CURIAM.

John Doe appeals pro se from a final order entered in the District Court [1] for the Eastern District of Missouri denying his “motion for expungement” of his federal drug conviction record. For reversal, Doe argues that (1) 18 U.S.C. § 5021 mandates expunction of his conviction record; [2] and (2) the district court should have exercised its equitable power to expunge the record, because Doe was told at his sentencing hearing that if he complied with all conditions imposed upon him by the district court, Attorney General, and United States Parole Commission (USPC), his record would be expunged. For the reasons discussed below, we affirm.

On October 1, 1984, Doe, who was represented by counsel, pleaded guilty to a one-count indictment charging him with possession of cocaine with intent to distribute. At that time, Doe was twenty-five years old. Pursuant to 18 U.S.C. § 4216 (repealed 1986), the district court found reasonable grounds to believe Doe would benefit from treatment under the provisions of the Federal Youth Corrections Act, 18 U.S.C. §§ 5005-5026 (repealed 1984) (Act), and sentenced him to an indeterminate sentence under 18 U.S.C. § 5010(b). Following Doe’s subsequent release on parole supervision, the USPC discharged him and set aside his conviction pursuant to 18 U.S. C. § 5021. Thereafter, Doe filed a pro se motion to expunge his federal conviction record, which the district court denied based on United States v. McMains, 540 F.2d 387 (8th Cir.1976). This timely appeal followed.

There is a split in authority as to whether the Act authorizes expunction of the record of a conviction which has been set aside pursuant to 18 U.S.C. § 5021. Compare United States v. Doe, 747 F.2d 1358, 1359 (11th Cir.1984) (per curiam) (no expunction); United States v. Doe, 732 F.2d 229, 230-32 (1st Cir.1984) (same); and United States v. Doe, 556 F.2d 391, 392-93 (6th Cir.1977) (same) with United States v. Doe, 730 F.2d 1529, 1531-34 (D.C.Cir.1984) (expunction authorized) and Watts v. Hadden, 651 F.2d 1354, 1373 n. 3 (10th Cir.1981) (same).

In McMains, 540 F.2d at 389, this court held that based on the statutory language and underlying purposes of 18 U.S. C. § 5021, the Act does not authorize ex-punction of such records. Moreover, while noting that “[ajpart from the * * * Act, it remains to be considered whether the district court’s order may be sustained as an exercise of the court’s inherent equity powers,” id., we stated that “[t]he power is a[*1336] narrow one, usually exercised in cases of illegal prosecution or acquittals and is not to be routinely used.” Id. at 390. Finding no extraordinary circumstances, we reversed the district court’s order directing the expunction of McMains’s felony conviction records, for “[t]o hold otherwise would accomplish by judicial fiat what Congress refrained from doing legislatively in the * * * Act.” Id.

In the case at bar, we similarly find no extraordinary circumstances to justify the exercise of the court’s inherent equity powers.

Accordingly, the judgment of the district court is affirmed.

1

. The Honorable Edward L. Filippine, United States District Judge for the Eastern District of Missouri.

2

. Title 18 U.S.C. § 5021(a) provides: "Upon the unconditional discharge by the Commission of a committed youth offender before the expiration of the maximum sentence imposed upon him, the conviction shall be automatically set aside and the Commission shall issue to the youth offender a certificate to that effect.”