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UNITED STATES v. GRAY

Nos. 26639, 26641, 26644 and 26645.

438 F.2d 1160 (1971)

UNITED STATES of America, Petitioner, v. The Honorable William P. GRAY, United States District Judge, Respondent.

United States Court of Appeals, Ninth Circuit.

February 23, 1971.

Attorney(s) appearing for the Case

David R. Nissen, Asst. U. S. Atty. (argued), Larry S. Flax, Elgin C. Edwards, Robert P. Scheinblum, Robert L. Meyer, John F. Walter, Asst. U. S. Attys., Los Angeles, Cal., for petitioner.

T. Roger Duncan, Theodore E. Orliss, Carl E. Stewart, Los Angeles, Cal., for real parties in interest.

Before MERRILL, DUNIWAY and KILKENNY, Circuit Judges.

KILKENNY, Circuit Judge.

These cases have been consolidated for argument and decision. In each case, the respondent, over the objection of the petitioner, accepted a plea of guilty to what he believed was a lesser offense necessarily included in the offense charged in the indictment. The petitioner now demands that we issue a writ of mandamus directed to the respondent, requiring him to set aside the guilty pleas and allow each case to proceed to trial.

FACTUAL...

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