GAVINO v. MacMAHON

No. 1184, Docket 74-1785.

499 F.2d 1191 (1974)

Frank GAVINO, Petitioner, v. Hon. Lloyd F. MacMAHON, United States District Judge, Southern District of New York, Sitting by Designation in the Northern District of New York, Respondent. UNITED STATES of America, Plaintiff, v. Frank GAVINO et al., Defendants.

United States Court of Appeals, Second Circuit.

Decided June 14, 1974.


Attorney(s) appearing for the Case

Sanford M. Katz, New York City, and H. D. Stave, Forest Hills, N. Y., for petitioner.

Paul V. French, Asst. U. S. Atty. (James M. Sullivan, Jr., U. S. Atty., N. D. N. Y., Thomas P. O'Sullivan, Asst. U. S. Atty., Albany, N. Y., of counsel), for respondent.

Before HAYS and MANSFIELD, Circuit Judges, and BAUMAN, District Judge.


PER CURIAM.

Frank Gavino, a resident of Tucson, Arizona, and one of five defendants named in an indictment filed in the Northern District of New York charging violation of the narcotics laws, 21 U.S.C. §§ 841(a)(1) and 846, has petitioned us for a writ of prohibition and mandamus directed to Judge Lloyd F. MacMahon, sitting by designation in the Northern District of New York, to stay an order issued by him in open court on June 7, 1974, revoking Gavino's...

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