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UNITED STATES v. REAL

No. 26789.

446 F.2d 40 (1971)

UNITED STATES of America, Petitioner, v. Honorable Manuel L. REAL, United States District Judge, Respondent.

United States Court of Appeals, Ninth Circuit.

July 14, 1971.

Attorney(s) appearing for the Case

David R. Nissen (argued), Chief, Crim. Div., Robert L. Meyer, U. S. Atty., Los Angeles, Cal., for petitioner.

Gabriel A. Gutierrez (argued), Los Angeles, Cal., for real party in interest.

Manuel L. Real, U. S. District Judge, Los Angeles, Cal., for respondent.

Before BROWNING, CARTER, and HUFSTEDLER, Circuit Judges.

PER CURIAM:

The Government seeks a writ of mandamus compelling the district court to set aside its order of November 16, 1970, dismissing the indictment against Eck, the real party in interest, and directing the district court to sentence Eck on his plea of guilty.

Eck was indicted for a violation of 18 U.S.C. § 659 (theft from an interstate shipment). With the United States Attorney's consent, Eck pleaded guilty to the lesser-included offense of stealing...

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