UNITED STATES v. CARTER

No. 16522.

270 F.2d 521 (1959)

UNITED STATES of America, Petitioner, v. Honorable James M. CARTER, Respondent.

United States Court of Appeals Ninth Circuit.

September 21, 1959.


Attorney(s) appearing for the Case

W. Wilson White, Asst. Atty. Gen., Gerald P. Choppin, Harold H. Greene, Attorneys, Department of Justice, Washington, D. C., Laughlin E. Waters, U. S. Atty., Los Angeles, Cal., for petitioner.

Harry D. Steward, Marvin J. Mizeur, Max Lercher, Barton C. Sheela, San Diego, Cal., for respondent.

Before HAMLEY, HAMLIN, and JERTBERG, Circuit Judges.


HAMLEY, Circuit Judge.

In this mandamus proceeding the United States seeks to vacate district court orders suspending the imposition of sentence and granting probation in three narcotics cases.

The Government contends that the suspension of the imposition of sentences and the granting of probation in these cases is forbidden by 26 U.S.C.A. § 7237 (d). Respondent contends that mandamus is not an available remedy, but that, if it is, such relief should...

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