Nickolas John Andrade v. United States Sentencing Commission
Opinion
Opinion
This case poses the question whether the United States Sentencing Commission is subject to the Freedom of Information Act (“FOIA”). We agree with the district court that it is not.
Appellant Andrade brought this action seeking to compel the Sentencing Commission to release certain records. The district court dismissed the complaint for lack of subject matter jurisdiction and for failure to state a claim upon which relief may be granted. See Fed.R.Civ.P. 12(b)(1) & (6). We review de novo dismissal on either ground. Persons v. United States, 925 F.2d 292, 294 (9th Cir.1991) (lack of subject matter jurisdiction); California Eastern Laboratories, Inc. v. Gould, 896 F.2d 400, 403 (9th Cir.1990) (failure to state a claim).
FOIA is a part of the Administrative Procedure Act (“APA”). It applies to “any ... establishment in the executive branch of the Government ... or any independent regulatory agency.” 5 U.S.C. § 552 (f). It does not apply to “the courts of the United States.” 5 U.S.C. § 551 (1); St. Michael’s Convalescent Hospital v. State of California, 643 F.2d 1369, 1373 (9th Cir.1981) (FOIA applies only to “agencies” as defined in 5 U.S.C. §§ 551 (1) & 552(f)). At issue is whether…