United States v. Harry E. Claiborne, Harry E. Claiborne v. Warren E. Burger, in the Matter of Harry E. Claiborne

ORDER

Petitioner Harry E. Claiborne has filed petitions for a stay of execution of his sentence directly with this Court. (Nos. 86-7267, 86-8089). He has also filed an appeal from the district court’s denial of a stay of execution of his sentence. (No. 86-2018). The district court has pending petitioner’s motion to vacate his conviction, filed pursuant to 28 U.S.C. § 2255 (D.Nev. No. CR-R-83-57).

Having heard argument of counsel, this Court denies the stays requested directly from this court and affirms the district court’s denial of stay. A stay of execution of sentence after appeals are exhausted is reserved for extraordinary cases. We conclude that Petitioner’s likelihood of success, including success on his primary contention that a judge cannot be imprisoned prior to impeachment and removal, is not great. See United States v. Claiborne, 727 F.2d 842, 845-49 (9th Cir.1984); United States v. Claiborne, 765 F.2d 784, 789-90 (9th Cir.1985). Nor do the other relevant considerations constitute the extraordinary circumstances required for a stay.

Stays DENIED. District court’s denial of stay AFFIRMED.

I respectfully dissent. Whether a federal judge can be imprisoned prior to…