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UNITED STATES v. WINNER

No. 81-1961.

666 F.2d 447 (1981)

UNITED STATES of America, Petitioner, v. Honorable Fred M. WINNER, United States Chief District Judge for the District of Colorado, Respondent, Edward Alexander, Real Party in Interest.

United States Court of Appeals, Tenth Circuit.

December 9, 1981.

Attorney(s) appearing for the Case

Joseph F. Dolan, U.S. Atty., and Charles H. Torres, Asst. U.S. Atty., Denver, Colo., for petitioner.

James W. Nearen, Jr., Denver, Colo., for Edward Alexander.

Before BARRETT, McKAY and LOGAN, Circuit Judges.

LOGAN, Circuit Judge.

The United States petitions for a writ of mandamus setting aside Judge Winner's order granting criminal defendant Edward Alexander a new trial. Since the government may not directly appeal the trial judge's order for a new trial, it seeks redress by way of a petition for a writ of mandamus.

Following a jury conviction for violation of 18 U.S.C. §§ 2, 1014, and 2314,1 Alexander filed posttrial motions...

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