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PETITION OF UNITED STATES

No. 17644.

306 F.2d 737 (1962)

Petition of UNITED STATES of America for a Writ of Mandamus.

United States Court of Appeals Ninth Circuit.

August 16, 1962.

Attorney(s) appearing for the Case

Francis C. Whelan, U. S. Atty., and Thomas R. Sheridan, Asst. U. S. Atty., Chief, Criminal Division, Los Angeles, Cal., for plaintiff-appellant.

Lloyd F. Dunn, Los Angeles, Cal., and Clifford E. Royston, Pasadena, for defendant-appellee.

Before BARNES, JERTBERG and BROWNING, Circuit Judges.

PER CURIAM.

A federal grand jury returned a four-count indictment charging Louis A. Baumer with willful attempt to evade and defeat income taxes for each of the years 1954, 1955, 1956 and 1957. A date was fixed for trial of all counts. The defendant expressed a desire to enter a plea of nolo contendere to one count, but to no more. The government offered to dismiss two counts, but was not willing to dismiss three. The Court vacated the trial setting, accepted...

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