Court of Appeals for the Fourth Circuit

United States v. Claude Raymond Curry

1971 U.S. App. LEXIS 10554 · 442 F.2d 428

April 26, 1971 · Docket 15356

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Headnotes

Generated summaries

Headnote 1
22.2 Criminal Law > Appeals, Habeas, and Post-Conviction Relief Law
The court held that a district‑court order denying a motion to dismiss an indictment is not a final decision, so the appeal was dismissed for lack of jurisdiction under the statutory limitation.
Headnote 2
22.2 Criminal Law > Appeals, Habeas, and Post-Conviction Relief Law
The panel concluded that the denial of Curry’s motion to dismiss was an interlocutory decision, therefore the appeal could not proceed and the defendant must seek relief in the district court.
Headnote 3
22 Criminal Law
The Fourth Circuit dismissed Curry’s appeal because the district court’s denial of his motion to dismiss the indictment was an unappealable interlocutory order, leaving the issue to be pursued in the district court.
Headnote 4
22 Criminal Law
The appellate court held it lacked jurisdiction to review Curry’s appeal because the order denying his motion to dismiss was not a final decision, and therefore fell outside the scope of § 1291.

Opinion

PER CURIAM:

In United States v. Curry, 4 Cir., 410 F.2d 1372 we affirmed an order committing Curry to a mental institution on a finding that he was incompetent to stand trial on a charge of threatening the life of the president. However, we directed an inquiry into whether his release on bail would constitute a danger to himself or the public. On remand, the district court found that his release would present such a danger. That finding is not challenged.

After a hearing, Curry was transferred from a federal institution to the Spencer State Hospital in West Virginia. Though not formally committed under state civil procedures, he is now being treated at the hospital, whose professional staff have indicated that the pendency of the federal indictment would have no adverse effect on treatment possibilities. The only question Curry attempts to raise here is whether the pendency of the indictment under the circumstances violates his constitutional rights. The Government has declined to agree to a voluntary dismissal, and the district court denied Curry’s motion to dismiss. The appeal is sought to be taken from that order.

We must dismiss the appeal for want of jurisdiction. It is settled that the denial of a motion to dismiss an indictment is an unappealable interlocutory order. 28 U.S.C.A. § 1291; United States v. Garber, 2 Cir., 413 F.2d 284; Hoffa v. Gray, 6 Cir., 323 F.2d 178. Since we lack power to afford the relief sought, Curry must rely on remedies available in the district court as changed circumstances may from time to time dictate renewal of his motion. In the meantime there appears no impediment to his receiving the treatment he requires.

Appeal dismissed.

Case brief

Citation data as of July 30, 2026

Summary

The United States indicted Curry for threatening the President, but he was later found incompetent to stand trial and was committed to a federal mental institution, then transferred to West Virginia’s Spencer State Hospital. While confined, Curry moved to dismiss the indictment, arguing that its continued existence violated his constitutional rights; the government refused to consent to a voluntary dismissal and the district court denied the motion. Curry appealed that denial, contending that the order was appealable and that the indictment should be dismissed. The Fourth Circuit held that the district court’s order refusing to dismiss the indictment is an interlocutory, non‐final decision and therefore not subject to appeal under 28 U.S.C. § 1291. Relying on precedent that classifies denials of motions to dismiss indictments as unappealable, the court dismissed Curry’s appeal for lack of jurisdiction. The appellate court did not address the substantive constitutional question of whether an indictment may remain while a defendant is confined as incompetent, leaving that issue to be resolved in the district court. Consequently, Curry must pursue any further relief in the district court, and appellate review is barred until a final judgment is entered.

Updated July 30, 2026

Statement of Facts

The United States, acting as the prosecuting authority, charged the defendant, Curry, with the federal offense of threatening the life of the President of the United States. At the time the dispute arose, Curry was a criminal defendant facing a federal indictment. Because Curry was found incompetent to stand trial, the district court ordered his commitment to a federal mental institution. The court later conducted an inquiry, as directed by the Fourth Circuit, into whether Curry’s release on bail would pose a danger to himself or the public; the district court concluded that such a danger existed and, consequently, transferred Curry to the Spencer State Hospital in West Virginia. Although Curry was not formally committed under West Virginia’s civil commitment procedures, he remains a patient at the state hospital, where professional staff have indicated that the pending federal indictment does not impair his treatment. While confined, Curry moved to dismiss the indictment, asserting that the continued existence of the charge under the present circumstances violated his constitutional rights. The Government refused to consent to a voluntary dismissal, and the district court denied Curry’s motion to dismiss. Curry appealed that denial. The appeal therefore concerns the district court’s interlocutory order refusing to dismiss the indictment; no other defenses, counterclaims, or relief requests are identified in the opinion.

Updated July 30, 2026

Procedural History

District Court, Western District of Virginia – After finding Curry incompetent to stand trial on the indictment for threatening the President, the court ordered his commitment to a federal mental institution. (No monetary relief was awarded.)

First Appeal to the Fourth Circuit – Curry appealed the district court’s commitment order. The Fourth Circuit affirmed the commitment and remanded the case, directing the district court to conduct an inquiry as to whether Curry’s release on bail would pose a danger to himself or the public. (The opinion does not state Curry’s specific appellate arguments.)

District Court, on Remand – Conducting the required inquiry, the court concluded that Curry’s release would be dangerous, transferred him to Spencer State Hospital in West Virginia, and denied Curry’s motion to dismiss the indictment. (No damages or other relief were granted.)

Second Appeal to the Fourth Circuit – Curry appealed the district court’s denial of his motion to dismiss, contending that the indictment should be dismissed as a violation of his constitutional rights. The Fourth Circuit dismissed the appeal for lack of jurisdiction, holding that a denial of a motion to dismiss an indictment is an unappealable interlocutory order under 28 U.S.C. § 1291. (No monetary award was made.)

The opinion provides no further detail on any additional motions, countersuits, or damages; thus the procedural record is limited to the commitment, the inquiry/remand, the denial of dismissal, and the jurisdictional dismissal of the appeal.

Updated July 30, 2026

Issues

Substantive Issue
Does the continued existence of a federal indictment for threatening the President, while the defendant is confined in a mental institution and has been found incompetent to stand trial, violate the defendant’s constitutional rights?

Procedural Issue
Is the district court’s order denying the defendant’s motion to dismiss the indictment a final, appeal‐able order, or an unappealable interlocutory order that must be left to the district court under 28 U.S.C. § 1291?

Updated July 30, 2026

Judgment

The Fourth Circuit dismissed Curry’s appeal for lack of jurisdiction, thereby leaving the district court’s order denying his motion to dismiss the indictment undisturbed.

Updated July 30, 2026

Holding

Substantive Issue – The appellate court declined to decide whether the continued existence of a federal indictment against a defendant who has been found incompetent to stand trial and is confined in a mental institution violates the defendant’s constitutional rights; that question remains for resolution in the district court.

Procedural Issue – A district‐court order denying a motion to dismiss a federal indictment is an interlocutory order that is not appealable under 28 U.S.C. § 1291; such orders may be reviewed only after a final judgment or by seeking further relief in the district court.

Updated July 30, 2026

Rule of Law

Statutory limitation on appellate jurisdiction: 28 U.S.C. § 1291 provides that “the courts of appeals shall have jurisdiction of appeals from all final decisions of the district courts.” An order that is not a “final decision” – i.e., an interlocutory order – is not appealable unless a specific statutory exception applies. See 28 U.S.C. § 1291 (2024).

Denial of a motion to dismiss an indictment is an unappealable interlocutory order: The Fourth Circuit held that a district‐court order refusing a defendant’s motion to dismiss a federal indictment is not a final decision and therefore cannot be appealed under § 1291. The court relied on precedent that classifies such denials as interlocutory. United States v. Garber, 413 F.2d 284 (2d Cir. 1969); Hoffa v. Gray, 323 F.2d 178 (6th Cir. 1963). Consequently, the appellate court lacked jurisdiction to review Curry’s motion‐to‐dismiss order.

Updated July 30, 2026

Reasoning

The Fourth Circuit first identified the nature of the challenged order – the district court’s denial of Curry’s motion to dismiss the federal indictment – and recognized that appellate jurisdiction under 28 U.S.C. § 1291 is limited to “final decisions” of the district courts.

The court applied the statutory rule that an order is “final” only when it ends the litigation on the merits or leaves nothing further for the district court to do except execute the judgment; any intermediate ruling that does not meet this threshold is interlocutory and therefore not appealable.

Relying on established precedent, the court held that a denial of a motion to dismiss an indictment is categorically an interlocutory order. It cited United States v. Garber, 413 F.2d 284 (2d Cir. 1969) and Hoffa v. Gray, 323 F.2d 178 (6th Cir. 1963), both of which expressly classified such denials as non‐final and thus outside the scope of § 1291.

The Fourth Circuit then matched Curry’s situation to the cited authority, observing that the district court’s refusal to dismiss the indictment left the case open for further proceedings (e.g., trial, competency hearings) and did not resolve the substantive claims, satisfying the definition of an interlocutory order.

Because the appealed order was not a final decision, the appellate court concluded it lacked statutory jurisdiction to review the denial; consequently, the appeal had to be dismissed for want of jurisdiction.

The court noted that the substantive constitutional question – whether maintaining the indictment while Curry is confined and incompetent violates his rights – was not decided, and it remained within the district court’s purview to address through any future motions or proceedings.

In emphasizing jurisdictional limits, the court invoked the policy rationale of preventing piecemeal appeals that would burden the appellate system and disrupt the orderly progression of cases, reinforcing the need for parties to seek relief in the district court until a final judgment is entered.

The opinion further clarified that Curry may still pursue relief in the district court, such as renewing his motion to dismiss or raising other defenses, but any appellate review must await a final judgment or a separate statutory exception to the final‐decision rule.

Updated July 30, 2026

Concurring/Dissenting Opinions

Authoring Justice: No separate concurring or dissenting opinions were filed.
Type of Opinion: None – the Court issued a per curiam opinion without any separate opinions.
Summary of Reasoning: N/A – the opinion contains only the majority’s per curiam reasoning dismissing the appeal for lack of jurisdiction and does not include any concurring or dissenting commentary.

Updated July 30, 2026

Case Relevance

United States v. Curry is authoritative for the proposition that, under 28 U.S.C. § 1291, a district‐court order denying a motion to dismiss a federal indictment is categorically interlocutory and therefore outside the appellate courts’ jurisdiction until a final judgment is entered, a rule the Fourth Circuit applied to resolve the procedural issue by dismissing Curry’s appeal for lack of jurisdiction; the holding is limited to the procedural posture of a denial of a motion to dismiss (or any comparable intermediate ruling that leaves the case open for further proceedings) and does not extend to the substantive constitutional question of whether an indictment may remain while a defendant is confined as incompetent, leaving that issue for the district court; consequently, Curry is a useful citation whenever a party seeks to argue that an appeal of a pre‐trial dismissal denial is premature, providing a clear statement of the final‐decision doctrine and reinforcing the policy against piecemeal appeals, while offering no guidance on the merits of competency or indictment‐retention challenges.

Updated July 30, 2026

Relevant Quotes

Quoted text: "ghts. The Government has declined to agree to a voluntary dismissal, and the district court denied Curry’s motion to di smiss. The appeal is sought to be taken from that order."
Bluebook pinpoint citation: 442 F.2d 428
Explanation: Identifies that Curry’s appeal was taken from the district court’s denial of his motion to dismiss the indictment, establishing the precise order under review.

Quoted text: "We must dismiss the appeal for want of jurisdicti on. It is settled that the denial of a motion to dismiss an indictment is an unappealable interlocutory or der. 28 U.S.C.A. § 1291 ; United States v. Garber, 2 Cir., 413 F.2d 284 ; Hoffa v. Gray, 6 Cir., 323 F.2d 178"
Bluebook pinpoint citation: 442 F.2d 428
Explanation: Articulates the core procedural rule that a denial of a motion to dismiss an indictment is an unappealable interlocutory order under 28 U.S.C. § 1291, citing controlling precedent.

Quoted text: ". Since we lack power to afford the relief sought, Curry must rely on remedies available in the district court as changed circumstances may from time to time

dictate renewal of his mo tion. In the meantime there appears no impediment to his receiving the treatment he requires."
Bluebook pinpoint citation: 442 F.2d 428
Explanation: States that the appellate court lacks jurisdiction to grant relief and that Curry must pursue any remedy in the district court, underscoring that the substantive constitutional question remains undecided.

Quoted text: "ia. Though not formally committed under state civil procedures, he is now being treated at the hospital, whose professional staff have indicated that the pendency of the federal indictment would have no adverse effect on treatment possibilit ies. The only question Curry attempts to raise here is whether the pendency of the indictment under the circumstances violates his constitutional ri"
Bluebook pinpoint citation: 442 F.2d 428
Explanation: Describes Curry’s claim that the continued indictment while he is confined and incompetent may violate his constitutional rights, highlighting the substantive issue left for the district court.

Updated July 30, 2026

Synthesis

Not available

All jurisdictions

Not available.

Additional Comments

United States v. Claude Raymond Curry · 410 F.2d 1372

Monetary awards

No monetary awards found.

Related opinions

United States v. Claude Raymond Curry
1969 U.S. App. LEXIS 12030 · 410 F.2d 1372
Claude Raymond Curry v. United States
1995 U.S. App. LEXIS 30242 · 1995 WL 470539 · 64 F.3d 674
United States v. Nathaniel Black
1967 U.S. App. LEXIS 5584 · 381 F.2d 380
United States v. Edward Thomas Davis
1963 U.S. App. LEXIS 4690 · 320 F.2d 660
United States v. Walter Brown Spears
1971 U.S. App. LEXIS 10286 · 442 F.2d 424
United States v. Melvin Lee Foster
1966 U.S. App. LEXIS 5423 · 363 F.2d 871

Metadata

Court

Court of Appeals for the Fourth Circuit

Decided

April 26, 1971

Docket

15356

Precedential status

Published

United States v. Claude Raymond Curry

Citing opinions

Headnotes

Opinion