McCLURE v. ASHCROFT

No. 02-30357.

335 F.3d 404 (2003)

Steven McCLURE; Clayton Smith; Michael Behan, Plaintiffs-Appellees, v. John ASHCROFT, sued in his capacity as Attorney General, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 20, 2003.


Attorney(s) appearing for the Case

Graham A. Boyd (argued), American Civil Liberties Union, Drug Policy Litigation Project, New Haven, CT, for Plaintiffs-Appellees.

Thomas Mark Bondy (argued), U.S. Dept. of Justice, Civil Div. — Appellate Staff, Washington, DC, for Defendant-Appellant.

Before GARWOOD, SMITH and BARKSDALE, Circuit Judges.


RHESA HAWKINS BARKSDALE, Circuit Judge:

This civil appeal challenges a permanent injunction obtained by third-parties to a final judgment of conviction in an earlier criminal case. That case concerned illegal drug use at the criminal defendant's business premises (theater). Enjoined is enforcement of a plea agreement provision, which the district court accepted and included as part of a special condition in the final judgment. The part in issue requires the criminal...

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