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BLACKBURN v. U. S. DIST. COURT FOR N. DIST. OF CAL.

No. 77-1105.

564 F.2d 332 (1977)

Mark Alan BLACKBURN, Petitioner, v. UNITED STATES DISTRICT COURT FOR the NORTHERN DISTRICT OF CALIFORNIA, Respondent, United States of America, Real Party in Interest.

United States Court of Appeals, Ninth Circuit.

November 11, 1977.

Attorney(s) appearing for the Case

Peter R. Stromer (argued), San Jose, Cal., for petitioner.

Donald Ayer, Asst. U. S. Atty. (argued), San Francisco, Cal., for respondent.

Before BROWNING and CHOY, Circuit Judges, and CURTIS, District Judge.

PER CURIAM:

On July 14, 1976, petitioner Blackburn was indicted by a grand jury on charges of violating 18 U.S.C. § 1702 — Obstruction of Correspondence. Trial was held before a jury on September 20, 1976. On September 24 a mistrial was declared when the jury was unable to reach a verdict. A retrial was originally scheduled for December 6, but on November 17 the district court vacated the scheduling sua sponte and set the case for January 3, 1977...

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