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UNITED STATES v. MECHEM

No. 74-1662.

509 F.2d 1193 (1975)

UNITED STATES of America, Petitioner, v. Honorable Edwin L. MECHEM, United States District Judge, District of New Mexico, and Frankie Chavez, Respondents.

United States Court of Appeals, Tenth Circuit.

January 13, 1975.

Attorney(s) appearing for the Case

Victor R. Ortega, U. S. Atty., and Richard J. Smith, Asst. U. S. Atty., Albuquerque, N. M., for petitioner.

Larry L. Lamb, Albuquerque, N. M., for respondent Frankie Chavez.1

Before SETH, HOLLOWAY and DOYLE, Circuit Judges.

PER CURIAM.

This proceeding was instituted by a petition for writ of mandamus and prohibition filed by the United States. The action seeks an order directing the respondent Judge to vacate an order that the United States withdraw its indictment against respondent Frankie Chavez, a 14-year old juvenile, and substitute an information in its place, in connection with charges of rape and murder in Indian Country, pursuant to 18 U.S. C.A. § 5032 and related provisions...

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