United States v. Neil Chandran
Split Score
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Case Summary
Disposition
Dismissed
The Eighth Circuit dismissed Neil Suresh Chandran’s interlocutory appeal that challenged district-court pretrial orders allowing the Government to retain custody of assets alleged to be forfeitable. The panel held it lacked jurisdiction because the orders neither granted nor denied an injunction within the meaning of 28 U.S.C. § 1292(a)(1) and Chandran failed to show they had the practical effect of an injunction that could only be reviewed by immediate appeal.
Circuit Split Identified
Legal Issue
Whether 28 U.S.C. § 1292(a)(1) supplies appellate jurisdiction to review pre-conviction restraining or preservation orders over assets subject to criminal forfeiture.
Circuit Positions
Section 1292(a)(1) provides jurisdiction to immediately appeal pre-conviction forfeiture restraint orders because they are or function as injunctions.
Section 1292(a)(1) does not supply jurisdiction over such orders absent an explicit or practical injunction coupled with irreparable harm; interlocutory appeal therefore is unavailable.
Conflict Summary
Some circuits treat pretrial restraining orders that preserve potentially forfeitable assets as appealable interlocutory injunctions under § 1292(a)(1); other circuits—including the Eighth Circuit in this case—hold such orders are not appealable unless they expressly grant or deny an injunction or satisfy the ‘practical-effect’ plus irreparable-harm test.