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UNITED STATES v. MEHRTENS

Nos. 73-2889, 73-2570.

494 F.2d 1172 (1974)

UNITED STATES of America, Petitioner, v. Honorable William O. MEHRTENS, United States District Judge for the Southern District of Florida, Miami Division, Respondent. UNITED STATES of America, Plaintiff-Appellant, v. Gary BOWDACH, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied June 21, 1974.

Attorney(s) appearing for the Case

Gary L. Betz, U. S. Dept. of Justice, Miami, Fla., Ann T. Wallace, Atty., Crim.Div., Dept. of Justice, Washington, D. C., for petitioner.

Daniel S. Pearson, Miami, Fla., Gary Bowdach, Atlanta, Ga., for respondent.

Ann T. Wallace, Peter M. Shannon, Jr., App. Section, Crim. Div., U. S. Dept. of Justice, Henry E. Petersen, Asst. Atty. Gen., Dept. of Justice, Washington, D. C., Gary L. Betz, Dougald D. McMillan, Sp. Attys., Miami, Fla., for plaintiff-appellant.

William O. Mehrtens, Judge, Daniel S. Pearson, Miami, Fla., for defendant-appellee.

Before BROWN, Chief Judge, and TUTTLE and SIMPSON, Circuit Judges.

SIMPSON, Circuit Judge:

These consolidated cases present the same issue for review, although raised in differing procedural postures. No. 73-2889 is an original proceeding in which the United States seeks a writ of mandamus to compel the Honorable William O. Mehrtens, United States District Judge for the Southern District of Florida, to vacate his Order Reducing and Modifying Sentence in a Southern District criminal case...

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