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UNITED STATES v. UNITED STATES DIST. CT., ETC.

No. 82-7492.

693 F.2d 68 (1982)

UNITED STATES of America, Petitioner, v. UNITED STATES DISTRICT COURT FOR the SOUTHERN DISTRICT OF CALIFORNIA, Respondent, Fred R. Solomon, Jr.; George G. Nicoladze; Jean D. Littlefield; Harold B. De Julio; and William H. Henneberg, Jr., Real Parties in Interest.

United States Court of Appeals, Ninth Circuit.

Decided October 13, 1982.

Opinion Filed November 15, 1982.

Attorney(s) appearing for the Case

Eugene G. Iredale, Ramond J. Coughlan, Asst. U.S. Atty., San Diego, Cal., Roger S. Ruffin, Ruffin & Rotwein, San Francisco, Cal., for petitioner.

Howard B. Frank, Frank & Milchen, San Diego, Cal., Harold L. Perry, Oakland, Cal., Nathan Cohn, San Francisco, Cal., for respondent.

Before GOODWIN, ANDERSON and BOOCHEVER, Circuit Judges.

PER CURIAM.

The government petitions for a writ of mandamus, seeking to overturn a district court order transferring certain counts of a tax evasion indictment to the district where some of the defendants reside. The wording of 18 U.S.C. § 3237(b) compels us to deny the petition.

In May 1982, the government filed an 89-count indictment in the Southern District of California (San Diego), charging five defendants with a conspiracy to defraud the United...

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