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IN RE UNITED STATES

No. 1422, Docket 79-3051.

608 F.2d 76 (1979)

In re UNITED STATES of America, Petitioner. UNITED STATES of America, v. Michael CLEMENTE, Defendant.

United States Court of Appeals, Second Circuit.

Decided October 22, 1979.

Attorney(s) appearing for the Case

Michael S. Devorkin, Asst. U. S. Atty., New York City (Robert B. Fiske, Jr., U. S. Atty., Richard D. Weinberg, Asst. U. S. Atty., New York City, on brief), for petitioner.

Theodore E. Teah, New York City (Paul A. Victor, Dublirer, Haydon, Straci & Victor, New York City, on brief), for defendant.

Before VAN GRAAFEILAND, NEWMAN and KEARSE, Circuit Judges.

NEWMAN, Circuit Judge:

The United States seeks a writ of mandamus in advance of trial in this criminal case to challenge the trial court's interpretation of 18 U.S.C. § 3237(b) concerning venue for prosecution of certain internal revenue offenses.

The original indictment charged defendant Michael Clemente and ten others with racketeering, extortion, labor pay-offs, and tax evasion. Ten counts charged Clemente with income tax offenses in violation of 26...

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