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IN RE UNITED STATES

No. 1048, Docket 79-3028.

597 F.2d 27 (1979)

In re UNITED STATES of America, Petitioner. UNITED STATES of America, Petitioner, v. Salvatore J. CANNATELLA, Defendant.

United States Court of Appeals, Second Circuit.

Decided April 11, 1979.

Attorney(s) appearing for the Case

Richard D. Weinberg, Asst. U. S. Atty., New York City (Robert B. Fiske, Jr., U. S. Atty. for the Southern District of New York, Gregory L. Diskant, Nathaniel H. Akerman, and Howard W. Goldstein, Asst. U. S. Attys., New York City, of counsel), for petitioner.

Douglas F. Eaton, New York City, for respondent-defendant.

Before OAKES and GURFEIN, Circuit Judges, and PIERCE, District Judge.

PER CURIAM:

The Government petitions for a writ of mandamus directed to the District Court for the Southern District of New York (Honorable Robert W. Sweet) ordering him to require the defendant to appear at all stages of the trial. There is some evidence that the defendant Cannatella is suffering from heart disease. The district court permitted the defendant to waive his "right" to be present at all stages of the trial without specifying any reason except that, in...

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