IN RE U.S.

No. 05-20001.

397 F.3d 274 (2005)

In re: UNITED STATES of America, Petitioner.

United States Court of Appeals, Fifth Circuit.

January 12, 2005.


Attorney(s) appearing for the Case

Paula Camille Offenhauser, James Lee Turner, Asst. U.S. Attys., Michael Taylor Shelby, Daniel Casanova Rodriguez, Tony Ray Roberts, Houston, TX, for Petitioner.

Craig A. Washington, Houston, TX, for Respondent.

Before JONES, BARKSDALE and PRADO, Circuit Judges.


PER CURIAM:

In this case, the Government has requested a writ of mandamus to prevent the federal district court from enforcing discovery orders in a federal death penalty case not by dismissing the Government's Notice of Intent to seek the death penalty against this defendant, but by poisoning the jury's consideration of that option with an impermissible punishment phase instruction. The court also threatened to delay the...

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