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UNITED STATES v. WERKER

No. 1110, Docket 76-3024.

535 F.2d 198 (1976)

UNITED STATES of America, Petitioner, v. Honorable Henry F. WERKER, United States District Judge, Respondent. UNITED STATES of America, Plaintiff, v. Harry SANTOS-FIGUEROA et al., Defendants.

United States Court of Appeals, Second Circuit.

Decided May 11, 1976.

Attorney(s) appearing for the Case

Henry F. Werker, pro se.

Robert B. Fiske, Jr., U.S. Atty., S.D.N.Y., New York City (Ira H. Block and Howard W. Goldstein, Asst. U.S. Attys., New York City, on the brief), for petitioner, United States of America.

David V. Keegan, Garden City, N.Y. (McCoyd & Keegan, Garden City, N.Y., on the brief), for respondent, Harry Santos-Figueroa.

Gustave Weiss, New York City, for respondent Gregory Johnson.

Before LUMBARD, WATERMAN and MESKILL, Circuit Judges.

LUMBARD, Circuit Judge:

The government petitions for a writ of mandamus, 28 U.S.C. § 1651, ordering the Honorable Henry F. Werker, United States District Judge for the Southern District of New York, to refrain from communicating to any defendant in the pending case of United States v. Santos-Figueroa, et al., prior to the entry of a plea of guilty, the sentence to be imposed upon that defendant if such a plea is subsequently submitted.

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