The Federal Circuit received the government’s Notice of Appeal concerning Judge Sweeney’s Sept. 20 discovery order and docketed the appeal this afternoon. The appellate proceeding is now identified as Case No. 17-1122 in the Federal Circuit, and a copy of today’s docketing notice is attached to this e-mail message. This appeal is separate from the mandamus proceeding filed in the Federal Circuit earlier this week. As indicated in footnote 3 of the government’s mandamus petition, the government doesn’t believe this appeal is really necessary.17-1122-0001
