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IN RE UNITED STATES

No. 78-2319.

598 F.2d 233 (1979)

In re UNITED STATES of America, Petitioner.

United States Court of Appeals, District of Columbia Circuit.

March 14, 1979.

Attorney(s) appearing for the Case

Earl J. Silbert, U. S. Atty., Henry F. Schuelke, III, Richard L. Beizer, and Michael Lehr, Asst. U. S. Attys., Washington, D. C., were on the pleadings, for petitioner.

Edward Bennett Williams, Washington, D. C., was on the pleading, for respondent, Dominic F. Antonelli, Jr.

John A. Shorter, Jr., Washington, D. C., was on the pleading, for respondent, Joseph P. Yeldell.

Before McGOWAN, TAMM and ROBINSON, Circuit Judges.

PER CURIAM:

Lacking any right to appeal the grant by the District Court of a motion for a new trial in a criminal case, the Government seeks a writ of mandamus directing the District Court to vacate its order granting a new trial and to reinstate the verdicts of guilty returned by a jury. For the reasons hereinafter appearing, we deny the petition.

I.

On October 24, 1978, after a three and a half week trial before a sequestered jury, defendants Antonelli...

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