UNITED STATES v. McGARR

No. 72-1108.

461 F.2d 1 (1972)

UNITED STATES of America, Petitioner, v. Hon. Frank J. McGARR, Judge, United States District Court for the Northern District of Illinois, Respondent.

United States Court of Appeals, Seventh Circuit.

April 28, 1972.


Attorney(s) appearing for the Case

James R. Thompson, U.S. Atty., John Peter Lulinski, Jeffrey Cole, Asst. U.S. Attys., Chicago, Ill., for petitioner.

Robert S. Bailey, Ronald P. Alwin, Chicago, Ill., for respondent.

Before PELL, STEVENS and SPRECHER, Circuit Judges.


PER CURIAM.

This case comes before us on the government's petition for a writ of mandamus directed to respondent district judge.

In a criminal case before respondent judge, two defendants were convicted by a jury of engaging in a conspiracy to sell heroin from March 1969 to July 1969 in violation of 21 U.S.C. § 174. The statute provides for a mandatory minimum 5-year prison term.

Effective May 1, 1971, § 174 was repealed by § 1101(a...

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