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PEOPLE OF STATE OF CAL. v. MESA

Nos. 86-1525, 86-1500.

813 F.2d 960 (1987)

PEOPLE OF the STATE OF CALIFORNIA, Plaintiff-Appellant, v. Kathryn Isabella MESA, Defendant-Appellee. PEOPLE OF the STATE OF CALIFORNIA, Plaintiff-Appellant, v. Shabbir A. EBRAHIM, a/k/a Shabbir Azam, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided March 26, 1987.

Attorney(s) appearing for the Case

Leo Himmelsbach and Kenneth Rosenblatt, San Jose, Cal., for plaintiff-appellant.

Richard K. Willard, Joseph P. Russoniello, Barbara L. Herwig and Mack A. Player, Washington, D.C., for defendant-appellee.

Before MERRILL, NELSON and NOONAN, Circuit Judges.

MERRILL, Circuit Judge:

These two cases1 pose a fascinating issue of federalism: can a federal postal employee remove his state criminal prosecution to federal court when no issue of federal law will arise at trial and when the only federal component of the case is that he was on duty when the relevant acts allegedly occurred?

Mesa and Ebrahim are United States mail carriers charged with violations of state law

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